The DNC has filed a lawsuit against the Georgia Election Board to block two new rules that require counties to ensure the accuracy of the votes before certification. The regulations, passed earlier this month, empower Georgia Election Board members to scrutinize tabulations and voting data in each precinct.
According to Democracy Docket, the “Reasonable Inquiry Rule” states that a county board can only certify an election “after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”
The “Examination Rule” empowers individual county election board members to “examine all election related documentation created during the conduct of elections prior to certification of results.”
Election workers are tasked with comparing the total number of ballots cast with the total number of unique voter ID numbers in the system. If the number of ballots in a precinct exceeds the number of unique voter IDs, the law requires counties to withhold certification of the election results until the suspected fraud is examined and resolved. If fraud is detected, the findings are to be reported to district attorneys.
Specifically, the rules stipulate:
Tabulating Results: By 3 PM on the Friday following an election, the Election Board must review precinct returns, including absentee ballots and provisional ballots. The total number of unique voter IDs will be compared against total ballots cast.
Investigating Discrepancies: If discrepancies arise—where ballots exceed unique voter IDs—the Board is mandated to investigate thoroughly before any votes from that precinct are counted.
Certification of Results: Only after all discrepancies have been resolved can results be certified. This ensures that every vote reflects the true will of the people.
In their filing, Democrats argued that they face “injury” to their election chances if the Examination Rule is allowed to take effect.
“Petitioners face injury from the Examination Rule, and require relief to avoid the confusion, disorder, and burdens that have been and will continue to be caused by the rule,” the DNC said in its filing.
“To remedy these harms and prevent chaos in November, this Court should follow decades of binding precedent and declare both that the statutes mean exactly what they say and that SEB’s rules must be construed consistent with those statutes in order to be a valid exercise of SEB’s authority,” the DNC argued.
Democrats also asked the court to declare that the new Election Board rule violates Georgia election law, arguing that prompt certification of election results is a mandatory duty and election officials don’t have discretion to delay certification or not to certify at all.
“To remedy these harms and prevent chaos in November, this Court should follow decades of binding precedent and declare both that the statutes mean exactly what they say and that SEB’s rules must be construed consistent with those statutes in order to be a valid exercise of SEB’s authority.”
They urged the court to mandate that the Nov. 5 election results be certified by 5 p.m. on Nov. 12.
According to Gateway Pundit, the three Republican board members who fought for these rules—Janice Johnston, Rick Jeffares, and Janelle King—have been lauded by former President Donald Trump as “pit bulls fighting for honesty, transparency, and victory.”
Conversely, Georgia Governor Brian Kemp (R) is reportedly working with Georgia Democrats to thwart their efforts. After Democrat state legislators sent a letter to Kemp asking him to remove the three Republicans for “ethics violations,” Kemp’s office asked Georgia Attorney General Christopher Carr (R) whether he has the authority to do so.
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