CREW, ACLU of Georgia and Public Rights Project object to 11 last minute Georgia election rules

CREW, ACLU of Georgia and Public Rights Project filed a comment objecting to the Georgia State Election Board’s 11 proposed new rules or amendments, which it could adopt at its meeting on September 20th. The adoption of these rules at this late date would bring chaos and confusion to the Georgia election. The Board does not identify any emergency circumstances that could possibly justify changing the election rules so significantly so close to the start of voting.

While other commenters have raised concerns about the substance of the 11 proposed rules, the comment focuses on the rules’ belated timing and their potential to disrupt the upcoming election’s administration and undermine voter confidence. If the rules are adopted at the September 20th meeting, under Georgia law, the earliest that they can take effect is October 10th. That is just five days before early voting begins in Georgia, and 21 days before election day. By this time, election administrators will have already sent out overseas and military ballots. This timeline makes it difficult if not impossible for some of these rules to be implemented. 

The Georgia Association of Voter Registration and Election Officials (GAVREO), an organization of election officials who will bear the brunt of these changes, has expressed concern that these new rules would create confusion and could lead to errors or delays in voting. CREW, ACLU of Georgia and Public Rights Project echo these concerns, saying in its letter that the Board “cannot bury its head in the sand—it has a legal duty to meaningfully consider public comments about the real-world effects of its actions.”

Out of the 11 rules, some will be particularly difficult, if not impossible, to implement in this compressed timeframe:

• Rules concerning vote tabulation by hand will create significant burdens for poll managers and risk of delaying certification in violation of state and federal law.
• Rules that would increase the number of poll watchers could significantly increase security risks and burdens on the state. 
• Rules related to voter lists and absentee ballots in advance voting, to be implemented mere days after the rules take effect, could create confusion and chaos in Georgia’s already politically fraught upcoming elections. 

Now is the time to ensure the smooth operation of Georgia’s elections and strengthen voter trust and confidence. Enacting these rules so close to the election would have the opposite effect. To avoid chaos and preserve public trust in the election, the Board must not adopt the 11 new proposed rules.