2 days ago
Georgia Supreme Court makes ruling on changes to elections
The Georgia Supreme Court ruled that multiple proposals by election officials to change how elections are run in the state were not allowed by state law.
Seven changes, proposed by several members of the Georgia State Election Board, led to a lawsuit by several groups, including the organization Eternal Vigilance Action, over claims that they went beyond what state law allowed.
In the latest ruling, members of the state's highest court said efforts to require hand counting of ballots, make county election officials make a 'reasonable inquiry' before they could certify results, required voters show identification before dropping a ballot off and that officials 'examine all election' documents that are created during elections were not legal.
Separately, a rule proposing surveillance of drop box locations was allowed.
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Two additional rules proposed for poll watchers and daily reporting requirements were ones that plaintiffs could not challenge 'as voters, community-stakeholders or organizations.' The ruling said that while a trial court had ruled Chatham County Board of Elections member James Hall had standing as a member of that body to sue, it was 'not based on correct legal analysis.'
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As a result, the court chose to vacate those two decisions blocking the rules and send them back to a lower court for further hearings.
Those contesting the rules, including Eternal Vigilance Action and its CEO Scot Turner, said previously that they were going to court to prevent 'empowering the administrative state to act with the force of law.' They said Georgia's state constitution does not allow rules from unelected appointees on the State Election Board to supersede our laws.
Responding to request for comment, one of the Republican board members told Channel 2 Action News in September that they would 'continue to do the work of the people with the goal of restoring faith in our election process.'
Previously, Sec. of State Brad Raffensperger came out against some of the proposed changes, particularly the hand counting proposal, saying the board was 'misguided.' He has also said the recent actions by board members should have voters 'concerned' and that they might not even be legal.
Should a lower court rule that Hall does have standing in his official capacity, it would then have to rule on the two proposals the Supreme Court declined to make a decision on.
In response to the latest decision at the Georgia Supreme Court, Turner said in part that the ruling was a major victory, adding that 'this ruling makes clear: the legislative power belongs to the General Assembly, not executive agencies operating without proper constraints. The Georgia Constitution means what it says, and thanks to this decision, the nondelegation doctrine is once again alive and well in our state.'
Channel 2 Action News has reached out to members of the State Election Board and the Secretary of State's Office for comment and are waiting for their responses.
The Associated Press contributed to this report.
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