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Unlawful Georgia Election Board Hand-Counting Rule

Summary

The Georgia Election Board’s recent decision to implement a hand-counting rule for ballots has sparked significant controversy and legal concerns. Approved by a narrow 3-2 vote, the rule requires poll workers to hand-count all paper ballots cast on election night, raising questions about its legality and potential to disrupt the election process.

This new regulation has been criticized by election law experts as exceeding the board’s authority and conflicting with existing Georgia statutes regarding election administration. Critics argue that the hand-counting process is not only impractical for Georgia’s large voter population but also poses risks to ballot security and the timely certification of election results. The rule follows a trend of contentious changes to election procedures in Georgia, which have been characterized by partisan conflict and allegations of undermining electoral integrity. Legal challenges are anticipated, as the rule is seen as likely to be challenged in court due to its perceived violation of established election laws.

Legal Concerns

Experts have pointed out that the hand-counting rule is not authorized by Georgia law, which already provides a structured process for collecting and counting votes. Julie Houk, managing counsel for Election Protection, emphasized that the new rule disrupts the established canvass and raises significant security concerns. The state election board’s actions have drawn criticism for potentially delaying the certification process and creating confusion among voters and election officials alike.

Political Implications

The rule has been framed by its proponents as a necessary step to enhance confidence in election results, but many view it as a politically motivated move influenced by the aftermath of the 2020 election. The board’s composition, now dominated by Trump-aligned Republicans, has led to accusations of partisanship and a departure from its historically nonpartisan role. This shift has resulted in heightened tensions and accusations among board members, further complicating Georgia’s electoral landscape.

Potential Consequences

If the hand-counting rule is implemented, it could lead to delays in reporting results, potentially mirroring the chaos seen during the 2020 election. Election officials have expressed concerns that the rule may sow doubt about the election’s legitimacy, especially given the backdrop of ongoing claims of widespread fraud that remain unsubstantiated. The combination of the hand-counting rule with other recent changes could create additional obstacles for timely election certification, raising alarms about the overall integrity of the electoral process in Georgia.

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