Public comments overwhelmingly opposed GA elections rule change

Public comments received by the Georgia State Election Board in response to a controversial rule change to give county election board members the power to disrupt election certification by launching unchecked inquiries into their operations overwhelmingly opposed the rule change, with more than 250 concerned citizens and organizations voicing their opposition. The nearly 300 comments about the rule, obtained by CREW via an Open Records Act request, included fewer than ten comments in support.

Eleven state legislators submitted comments, all in opposition, citing the rule’s potential to create inconsistencies in how elections are certified across Georgia, provoke harassment of election officials, delay certification, and erode public confidence in elections. Nine nongovernmental organizations submitted comments, all in opposition, with many concerned about the State Election Board exceeding its authority by passing a rule that violates Georgia law. Many of the comments from concerned Georgians found the undefined use of “reasonable inquiry” in the rule change to be too vague.

The comments were submitted in response to the July 3, 2024 State Election Board Notice of Proposed Rulemaking concerning “Revisions to Subject 183-1-12-.02. Definitions.” This amendment to the State Election Board rules attempts to increase the power of county election board members by changing the process of certifying elections from a ministerial duty to a discretionary one, requiring that they conduct a “reasonable inquiry” into election results without establishing what that entails.

CREW Deputy Chief Counsel Nikhel Sus spoke at the Election Board meeting on August 6, 2024, urging the Board to reject the proposed rule as it is contrary to both Georgia Supreme Court case law and statutory law passed by the state legislature. He explained that the law, by which the Board is bound, makes clear that county certification is a non-discretionary, mandatory act and provides other procedures for addressing suspected election fraud or error. The board passed the amendment 3-2 despite the overwhelming opposition and legal issues, and it took effect on September 4, 2024. The amendment is being challenged in court.

Photo by Wally Gobetz under a Creative Commons license.