Georgia’s Highest State Court Overturns Four Rules Imposed by Election Board
Georgia’s highest state court unanimously overturned four rules set by the State Election Board, of which the majority are Republican, shortly before the 2024 election.
The court ruled that the board exceeded its authority. It wielded power the state constitution assigned to legislators.
The court decision restrict future rulemaking by the State Election Board and other state agencies in the executive branch.
In August and September ahead of the November election, the board set new rules primarily involving processes after ballots are cast, spawning a flurry of lawsuits.
In 2020 Donald Trump narrowly lost in Georgia, which he claimed without evidence was due to election fraud. The new rules led to accusations that the board was trying to help Trump in the 2024 election.
In October Fulton County Superior Court Judge Thomas Cox ruled seven of the new rules “illegal, unconstitutional and void.” The board appealed.
The state Supreme Court ruling:
- Invalidated requirements to hand-count ballots (not votes) after the close of polls as contradictory to state law which requires ballots to be tabulated “as soon as” polls close
- Invalidated requirements to make a person who delivers an absentee ballot in person supply their signature and photo ID, which “invents new requirements” not specified in law
- Invalidated a rule allowing county election board members to perform a “reasonable inquiry” before certifying results, which could delay certifying the tally; the court said election board members can only examine documents in the event of discrepancies in the count of voters or ballots
- Invalidated granting county election board members broad access to election-related documents
- Let stand a requirement for video surveillance and recording of ballot drop boxes after polls close during early voting
- Ordered a lower court to decide whether James Hall, a member of the Chatham County Board of Elections, has the right to challenge two rules expanding areas at tabulation centers where partisan poll watchers can stand and requiring daily public updates of how many votes are cast during early voting
In parallel with the federal Supreme Court’s overturning of the Chevron doctrine last year, the Georgia court overturned a 1990 decision that expanded rulemaking power for state agencies. The Chevron doctrine had granted federal agencies authority to make rules for implementation of laws from Congress that were unclear.
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