The Georgia Board of Elections was sued Monday by several election officials and Democrats over rules recently passed by three commissioners approved by President Trump.
The plaintiffs want to ensure that the new rules won’t prevent the results of November’s election from being certified on time.
The two rules in question require election officials to conduct a “reasonable inquiry” into the accuracy of results before certifying them and allow individual county election board members to inspect “election-related documents produced during the conduct of an election.”
The Georgia county election boards and Democrats who are suing acknowledged that the rules appear to respect certification deadlines on their face because they only allow for “reasonable investigations” or “inspections” that would not push certification past the legal deadline.
But the lawsuit says the rules could still delay certification by giving officials the power to investigate any kind of election fraud.
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“At a minimum, these new requirements would create substantial uncertainty about the post-election process and, if interpreted as the drafters suggest, would cause confusion by establishing new processes that are in conflict with existing statutory obligations,” the plaintiffs said.
The five members of the Georgia State Election Commission did not immediately respond to requests for comment on the lawsuit. In previous comments, Commissioner Janelle King, one of three in support of the new rules, told USA Today that the approved rules do not allow county officials to violate state law by delaying certification.
“It actually has the opposite effect: It strengthens the certification process by giving all county election board members access to all election-related documents,” said King, a former vice state chairman of the Georgia Republican Party.
At a campaign rally on August 3, former President Donald Trump specifically praised King and the two others who ultimately supported the rule, Dr. Janice Johnston and Rick Jafferes, describing them as “pit bulls who fight for honesty, transparency and to win.”
Republican board members face calls to resign
Also on Monday, Democratic lawmakers in Georgia called for the resignation of three lawmakers whom Trump had praised at a press conference, Atlanta-based Fox 5 reported.
Georgia Sen. Nabila Islam-Parks said the integrity of her state’s election process is “under serious threat,” while Rep. Lucy McBath said a failure to protect democracy could lead to “a downward spiral.”
In response to the ethics complaints against the board, Republican Governor Brian Kemp’s office released a letter stating, “My office has received a letter from Senator Nabilah Islam-Parks and others alleging ethics violations by members of the State Board of Elections. Because I am uncertain whether my office has the authority to act under Code section 45-10-4 in response to these complaints, I have sought the Attorney General’s advice regarding the application of statute to the letter. Following this advice and further evaluation of the letter, I will respond.” Governor Kemp has rejected Trump’s request for help in overturning the 2020 election in Georgia.
King told local media he joined the committee “to do the right thing” and had no partisan loyalty: “Before I agree to do anything, I ask the right questions, I talk to my lawyers and make sure I’m acting within the law.”
In their lawsuit, the plaintiffs noted that many county election officials in Georgia have objected to certifying the election since 2020, including some who did so as recently as March of this year.
They are asking the Fulton County Superior Court to “prevent chaos in November” by making it clear through what’s called a “declaratory judgment” that the state’s deadline for certifying election results is mandatory and that the new rules don’t change that.