ATLANTA – The Democratic National Committee, the Democratic Party of Georgia and several individuals, including county board members, are suing the Georgia State Board of Elections over new election rules that critics say conflict with a state law mandating certification of election results.
Two counts are at the center of the civil lawsuit filed in Fulton County election commission passed this month: reasonable inquiry rule and exam rule.
The lawsuit alleges that the rules conflict with Georgia’s certification statute and that the board of elections did not follow rulemaking procedures required by state law. Therefore, it asks the court to suspend these two rules to the extent that they are contrary to the existing law.
Plaintiffs also seek a declaration that election results must be certified by Georgia’s statutory deadline of November 12, and that certification is mandatory, not discretionary.
Democratic state representatives asked Republican Gov. Brian Kemp on Monday to remove the three GOP board members who approved the new rules, saying they acted outside the board’s authority in approving the measures.
The election board is chaired by a Republican and also includes three Republicans, who former President Donald Trump praised as “pit bulls” for “victory,” in addition to one Democrat.
“They are on fire. They are doing a great job,” Trump said at a rally of three Republicans who voted for the new powers. “Janice Johnston, Rick Jeffares and Janelle King, all three are pit bulls fighting for integrity, transparency and victory.”
The rules will allow constituency board members to make “reasonable” inquiries before confirming the results. Critics say it could throw Georgia’s elections into chaos because “reasonable scrutiny” is not defined, allowing an individual board member to block certification for any reason.
Among critics, Georgia Secretary of State Brad Raffensperger, a Republican, called the new rules “chaos” at the eleventh hour.
“These misdirected, last-minute changes from unelected bureaucrats who have never been in an election and who reject anyone’s advice can cause serious problems in an otherwise safe and accurate election,” Raffensperger said. August 15.
The lawsuit states that the examination rule “will allow any member of the board of county councils to request for inspection ‘all election-related documents created during the conduct of the election prior to the certification of the results.'” to determine what documents must be submitted.
The lawsuit alleges that the election board tried to turn the “direct and mandatory certification act” into a “broad license for individual board members to hunt down any election violations.”
The complaint seeks a declaration that the obligation to certify results at the county level is not discretionary and binding on local officials. It also wants the rules to be banned to the extent a court finds they are inconsistent with county councils’ certification obligations and/or procedurally flawed.
“For months, MAGA Republicans in Georgia and the country have been trying to lay the groundwork to challenge the election results when they lose again in November,” Harris-Walz campaign spokesman Quentin Fulks said. “But the Democrats are ready and we will stop them. Confirming elections is not an option, but a law.”
Joe Biden narrowly won Georgia in 2020. Trump in a phone call in January 2021 Raffensperger asked On overturning the 2020 results: “I just want to find 11,780 votes, which is more than we had. Because we won the state.”
Raffensperger refused. Manual recount He confirmed Biden as the winner 12,284 votes in an unexpected victory for the Democrats.
Georgia is expected to be a battlefield this time too.
Vice President Kamala Harris and her running mate will be Minnesota Governor Tim Waltz start the bus tour Starting Wednesday, Election Day is more than two months away in the state.
Charlie Gile reported from Atlanta, Lisa Rubin reported from New York, and Raquel Coronell Uribe reported from Washington.