Georgia judge blocks new election rule that requires hand count of ballots

By 
 October 17, 2024

The Associated Press reported in August that the Georgia State Election Board voted to adopt new rules governing the certification of elections.

While that decision was welcomed by Republicans, a state judge has just blocked it from being enforced. 

Rules seek to prevent duplicate ballots, require hand count of votes

According to the news service, the rules require that county officials create a list of individuals who participate in an election along with the voting method they use. This list must then be used in a hand count of ballots.

County officials are also mandated to meet by 3 p.m. on the Friday following any election for the purpose of reviewing precinct returns.

What's more, the rules stipulate that county officials "shall be permitted to examine all election-related documentation created during the conduct of elections" prior to certifying the outcome.

Those changes brought protests from Democrats, including state Rep. Saira Draper, who suspected ill intent on the part of conservative State Election Board members.

Democrats say move is about delegitimizing elections

"It's not about whether they’re successful in stopping certification," the lawmaker was quoted as telling the Associated Press.

"It's about injecting enough confusion to the process that you have a significant segment of the population that will not accept the results. I think they're going to meet that goal regardless of what these judicial opinions say," she added.

Meanwhile, the election board in Cobb County responded to the new rules by filing a lawsuit that argued they are invalid under state law.

According to Breitbart, Fulton County Superior Court Judge Robert McBurney issued an order blocking them from taking effect while he hears the case.

Judge forbids officials from refusing to certify outcome

That decision came one day after McBurney ruled in a separate case that "no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance."

The judge acknowledged that such figures are entitled to inspect the conduct of an election as well as review relevant documents.

Nevertheless, he declared that "any delay in receiving such information is not a basis for refusing to certify the election results or abstaining from doing so."

"The administrative chaos that will — not may — ensue is entirely inconsistent with the obligations of our boards of elections (and the SEB) to ensure that our elections are fair, legal, and orderly," he concluded.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson