Georgia on Tuesday gave local officials significant new powers to certify election results, which could delay or disrupt future post-election certification processes.
In a 3-2 vote, the Republican-controlled State Board of Elections voted to define the certification of election results as a “verification.”[ing]that, after reasonable investigation, the counting and examination of the election results is complete and accurate, and that the election results are a true and accurate record of all votes cast in that election.”
Rule does not define “reasonable enquiry,” which means that different countries are likely to interpret the rule differently. It is expected to allow county election boards to request information and delay or block certification of results if they see fit. And the resulting delays can prevent timely reporting of election results to state and federal authorities.
Local certification of election results was once a routine ministerial process. But after the 2020 vote, President Donald Trump and his allies have tried to block the process, arguing that officials have the right to delay or block certification and hoping to use state and county officials to overturn the results.
Since then, several states around the country have pursued or toyed with the idea of decertifying elections, though all of those efforts have failed — usually after state courts intervened.
At a recent rally, Trump applauded three members of the Georgia Board of Elections who voted to approve the rule change.
“I don’t know if you’ve heard, but the elections in the state of Georgia [Board] very positive,” he told a cheering Georgia crowd on Saturday. “They burn; they are doing a great job. Three members: Janice Johnston, Rick Jeffares and Janelle King. The three are pit bulls, all fighting for integrity, transparency and victory. They are fighting.”
It is unclear what will happen if countries refuse to confirm the results by the statutory deadline. This year, states are required to certify the election by 5 p.m. on November 12, one week after the November 5 election. State certification is required by November 22.
“While the certification is largely ceremonial, it still needs to be processed and there’s a good reason why it shouldn’t,” said Mike Hassinger, a spokesman for Georgia Secretary of State Brady. Raffensperger said before the vote.
If the entire board refuses to certify because of conspiracy theories, Hassinger said, “they will face serious consequences.”
This is exactly what happened in other states where countries refused to issue certificates. In Arizona, two Cochise County supervisors are accused of delaying the certification of 2022 election results.
In New Mexico, Otero County officials floated conspiracy theories about Dominion voting machines before a state court ordered them certified. One county commissioner later changed his tune, fearing prosecution and jail time. Movement almost deprived the votes of an entire countythe New Mexico secretary of state told NBC News at the time.
Voting rights advocates and opponents of the change argued in written and oral testimony during a nine-hour meeting of the State Board of Elections Tuesday that Georgia state law does not support such a change. They argued that the law imposes narrow requirements on local officials and that “reasonable inquiry” gives those officials great discretion.
“Georgia has 159 counties. What is reasonable to board members in one county may not be reasonable to members in another county, or individual board members in the same county may not agree on what is reasonable,” said left-leaning attorney Nikhel Soos. Watchdog group Citizens for Responsibility and Ethics.
But after nine hours of discussion, three members Trump marked the vote for the change on Saturday. Sara Tindall Ghazal, the board’s lone Democrat, and John Fervier, the board’s chairman appointed by Gov. Brian Kemp, voted against the rule. Fervier said he supported the idea of the study, but not without “fears.”