A number of rules were passed by the Georgia State Election Board ( SEB ) that made it clear that county election board members have the authority to conduct a “reasonable inquiry” into elections before certifying the results. Another law clarifies that board members have the right to examine election-related documents as part of their investigation. However, the Democratic National Committee ( DNC), along with Georgia Democrats, sued over the rules, demanding essentially that county election officials be required to rubber-stamp elections without getting any questions posed.
The SEB recently passed a law ( Rule 183-1-12-. 02 ) clarifying that state election board may discharge their certified obligation” after fair examination that the election’s calculation and canvassing are complete and accurate and that the benefits are a true and accurate budgeting of all votes cast in that vote.”
A second act was approved last week by the SEB ( Rule 183-1-12-). 12 ), which requires state boards to make available” all election-related documents created during the course of elections due to results certification.”
However, a lawsuit filed by the DNC on Monday night largely asserts that certifying an election is governmental, meaning board members are required to successfully rubber-stamp poll results despite their concerns, as opposed to voluntary, meaning board members can examine election administration before they certify the results.
According to the lawsuit,” Courts across the country have expressly acknowledged that giving election officials the discretion to refuse certification would both threaten to disenfranchise voters and [create] ] opportunities for election fraud” by those officials.
The DNC fit alleges the laws may wait certification.
” Through rulemaking, SEB has attempted to turn the clear and required action of certification–i. e. confirmation of the accuracy of the caste into a broad license for individual board members to look for alleged election irregularities of any kind, potentially delaying certification and modifying long-standing ( and court-supervised ) procedures for addressing fraud, the lawsuit continues.
A similar claim was refuted by The Washington Post last week, saying that” reviewers claimed that the law passed last year ] would give state election officials the authority to withhold documentation of results without explanation, potentially thwarting a popular effect.”
But I had a quick conversation with Salleigh Grubbs, the chairwoman of the Cobb County GOP, about Rule 183-1-12-. 12 made it clear that the certification deadline had never been altered by her rule. The superintendent’s certification is required by the rule even confirms that results must be certified by the superintendent no later than 5:00 P.M. on the Monday following the election’s date.
” If you actually read the rule, you’ll see there’s nothing in there that would delay certification”, Grubbs told The Federalist.
Election superintendents are “withholding documents needed for people to certify the election,” according to Grubbs, even in her own county ( Cobb County ).
She said,” The very people who have hysterics over it are the same people who have control over the information.”
Grubbs cited the availability of superintendents ‘ materials, such as the certified list of electors, because they require it to conduct the election.
Some Georgian counties appear to have board members already reviewed election-related material before certifying it. For example, Paulding County Elections and Voter Registration Supervisor Deidre Holden told The Federalist that, in Paulding, board members “have access to all recap sheets, tapes and reports” and that the county has “never had a delayed certification”.
When asked how the county maintains a smooth and organized process, Holden responded that” [ll counties should ]a ] ll counties should involve their board in the process and grant them access to election certification documents.”
The board is ultimately in charge of the certification and the election’s superintendent, according to the statement. They should have full access prior to certification”, she told The Federalist.
A portion of rule 183-1-12- is also in dispute with the DNC suit. 12 that, in part, requires the board members to” compare the total number of ballots cast to the total number of unique voter ID numbers,” further stating that” [i]n any precinct where the number of ballots exceeds the number of unique voters, the Board shall determine the method of voting in which the discrepancy exists.
Prior to the implementation of the rule, state statutes already mandated that the superintendent’s investigation would look into the amount of ballots cast by the more than the number of voters.
However, the lawsuit claims that” [a]nthough the petition purports to ask SEB to “adopt a rule to affirm existing Georgia law,” its contents “exceed any existing statutory requirements.”
The lawsuit contends that the proposed rule “adds a non-statutory step to the canvassing process by requiring that [a ] list of all voters who voted in the election be compiled and examined for duplicates” and that” [t]hat]this ] requirement goes beyond the already-detailed statutory scheme for canvassing.”
The lawsuit also contends that the “reasonable inquiry” rule, which was passed earlier this month,” creates doubt” in the election certification process, “urging SEB to reject the Reasonable Inquiry Rule,” and that the rule” serves only as a pretext to sow seeds of doubt about the election certification process, all but guaranteeing chaos in Georgia elections in the upcoming weeks and months.”
However, SEB member Janelle King, who voted in favor of both rule changes, said in a recent statement that” ]e ] nsuring that every County election board member has access to all election-related documentation” as these rules allow, “actually strengthens the certification process”.
” By being fully informed, board members are better equipped to certify with confidence, knowing they have all necessary information to support their decisions”.
The Federalist’s election correspondent, Brianna Lyman. With a degree in International Political Economy, Brianna received her degree from Fordham University. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2
