Latest news with #NelsPeterson
Yahoo
2 days ago
- Politics
- Yahoo
Elections board member says she still believes rules were ‘beneficial' despite Supreme Court ruling
In a massive 96-page ruling, the Georgia Supreme Court struck down four controversial rules on Tuesday that the State Election Board tried to implement right before last year's presidential election The justices said the SEB went way beyond its authority when it required each precinct to hand count ballots and allowed local election board members to refuse to certify results. Chief Justice Nels Peterson wrote, 'The SEB can pass rules to implement and enforce the election code, but it cannot go beyond, change, or contradict the law.' Scot Turner heads a group of former GOP lawmakers who challenged the rules in court. 'I think it's a tremendous victory for conservatism,' Turner told Channel 2's Richard Elliot. RELATED STORIES: Lawsuit filed against State Election Board by Republicans to 'rein in unelected' members' authority Raffensperger says voters 'should be concerned' over new, possibly illegal, Election Board rules Secretary of State say State Election Board has overstepped legal authority over new rules State elections board votes to require hand-counting of ballots at polling places Georgia AG says new rules from State Election Board may 'conflict' with state election laws Brad Raffensperger calls Georgia Election Rule Changes misguided, criticizes state board Judge says new Georgia election rules are 'illegal, unconstitutional and void' Georgia Election Board member's appearance at Trump rally sparks debate over code of conduct, Other groups joined in later, including the ACLU and the NAACP. Turner said the SEB basically tried to create laws, something blatantly unconstitutional. 'Nobody elected the State Election Board members, and they took it upon themselves to create new laws. That's a separation of powers issue. It becomes a major problem when you allow that to go unchecked,' Turner said. Election board member Janelle King said she respects the ruling but still believes in the rules they tried to pass. 'I absolutely respect our judicial system,' King said. King told Elliot that they'll now focus their attention on convincing lawmakers to either give the SEB the legal authority to make these rule changes or change the rules themselves. 'I still wholeheartedly believe that these rules are beneficial, useful, and the intent is still there. However, now the ball is in the court of our legislators,' King said. Just hours after the Supreme Court announced its decision, the Georgia House announced its blue-ribbon study committee on election procedures will meet for the first time on July 17.
Yahoo
2 days ago
- Politics
- Yahoo
Georgia Supreme Court rejects changes sought by Trump-aligned board ahead of 2024 election
Members of Georgia's State Election Board sit during a Sept. 23 meeting at the Georgia state capitol in Atlanta. Ross Williams/Georgia Recorder (file photo) The Georgia Supreme Court has permanently blocked four rules the State Election Board approved last fall, concluding Tuesday that members of the board exceeded their authority in attempting to implement rules that went beyond the scope of Georgia's election laws. A total of seven rules were approved by the Republican-led board ahead of the 2024 general election, with supporters claiming that the changes were necessary to ensure accuracy and restore public confidence in Georgia's election integrity. If enacted, the rules would have ordered poll workers to hand count all ballots cast on election day, made it easier for local election officials to delay certifying election results and required family members and caregivers to present a photo ID when dropping off absentee ballots on behalf of another voter, among other changes. Election officials and voting rights groups opposed the rules, arguing that last-minute changes could sow confusion and doubt into the election process, and that implementing the new rules would violate Georgia's election laws. Last October, the Georgia Republican Party and Republican National Committee filed an emergency motion urging the state Supreme Court to reinstate the rules ahead of the general election, but the court declined to expedite their appeal. In a 96-page opinion, Chief Justice Nels Peterson upheld most of the Fulton County Superior Court's ruling, declaring that the State Election Board 'can pass rules to implement and enforce the Election Code, but it cannot go beyond, change, or contradict' existing Georgia law. The October ruling from Judge Thomas A. Cox Jr. argued that the seven rules were 'illegal, unconstitutional and void,' and that the State Election Board had exceeded its authority by passing them. However, in a slight reversal of the lower court ruling, the state Supreme Court allowed a rule mandating video surveillance of ballot drop boxes to take effect, finding that the rule was consistent with current election laws. Two other rules that would have expanded mandatory poll-watching areas and required election workers to publicly post daily totals of early and absentee voters were sent back to the Fulton County Superior Court for further consideration. The State Election Board is tasked with writing rules to ensure that elections run smoothly and hearing complaints about alleged violations. The three most conservative members of the Republican-led board — Janice Johnston, former state Sen. Rick Jeffares and Janelle King — made national headlines last fall after approving seven election rules in spite of Attorney General Chris Carr's warnings that the changes likely would not stand up in court. Then-presidential candidate Donald Trump also praised King, Jeffares and Johnston during a campaign rally in Atlanta for supporting changes to election certification rules, calling them 'pit bulls' for 'victory.' State Election Board Chairman John Fervier did not respond to a request for comment on the Supreme Court's ruling. The ACLU of Georgia, which helped represent the plaintiffs, applauded Tuesday's ruling. 'This is a resounding affirmation of voters' rights,' said Theresa Lee, a senior staff attorney at the ACLU Voting Rights Project. 'The court recognized what we've argued all along — that this rule was unlawful and entirely unnecessary. Today's decision safeguards not just the letter of Georgia election law, but the democratic principle that every vote must be counted accurately and without interference.' Eternal Vigilance Action, a conservative election advocacy organization that sued the State Election Board over the rule changes, also celebrated the ruling. 'This ruling makes clear: the legislative power belongs to the General Assembly, not executive agencies operating without proper constraints,' Eternal Vigilance Action founder and former Republican state Rep. Scot Turner said in a statement. As new election laws passed in 2024 begin to take effect, including a ban on the use of QR codes to tabulate ballots, the board will likely continue to draft rules to guide local election officials tasked with implementing the changes. However, this year the board is workshopping changes to the rulemaking process in the hopes of avoiding a repeat of the chaos that defined the 2024 election cycle. During a May meeting, state election board members discussed the possibility of forming a rules committee with election directors, legislators, Georgia residents, and election law attorneys. Rules would be vetted by the committee before being presented to the full board. Senior reporter Stanley Dunlap contributed to this report. s25a0362 SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
2 days ago
- Politics
- Yahoo
Georgia Supreme Court finds MAGA-aligned election board exceeded its authority last year
The Georgia Supreme Court unanimously ruled Tuesday that the state's election board exceeded its authority when it imposed new voting rules in the months leading up to the 2024 election. The eight-justice court rejected four of seven rules adopted by the Republican-led election board that were challenged by the plaintiffs, two Georgia voters and an election policy nonprofit. The ruling, which upholds in part a lower court decision against the board, curtails the board's ability to impose rules without supporting laws passed by the state's General Assembly. Georgia law permits the state election board to "pass rules to implement and enforce" the state's election code, Chief Justice Nels Peterson wrote in his 96-page opinion for the court, "but it cannot go beyond, change, or contradict the statutory scheme." The state Supreme Court declared four rules invalid, including one that required hand counts of ballots and one that required "reasonable" inquiries of elections before certifying results. However, the eight justices — seven of whom were appointed by Republican governors — deemed a rule requiring video surveillance of ballot drop boxes to be legal. The court did not weigh in on the merits of the two final rules challenged by the plaintiffs — one related to the daily reporting of votes and one that expanded vote tabulation access to poll watchers — and sent them back to a lower court for reconsideration. The five members of the state election board are chosen by the state's governor, the two major political parties and the two chambers of the state legislature. It currently consists of a Republican chair, three Donald Trump loyalists praised by the former president as 'pit bulls,' and a lone Democrat. The board made headlines during the 2024 election cycle for quickly pushing through rules that critics said would delay certification of election results and amounted to a "power grab." The Georgia State Conference of the NAACP and the Georgia Coalition for the People's Agenda, represented by the American Civil Liberties Union and other legal groups, intervened in the case last year. 'This rule would have opened the door to confusion, delays, and potential voter disenfranchisement,' Gerald A. Griggs, president of the Georgia State Conference of the NAACP, said in a statement on Tuesday, adding: 'The Court's ruling is a clear message that voter suppression has no place in our elections.' Read the Georgia Supreme Court's opinion below: This article was originally published on
