Public comments overwhelmingly opposed three GA elections rule changes

Update: CREW has received back the public comments for two additional rules passed in recent weeks by the Georgia State Election Board, with the public opposing both by large margins.
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. Nongovernmental organizations submitted nine comments 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.
Additional rule changes
In addition to the rule allowing vague inquiries into election results, the State Election Board has considered over a dozen other rule changes. CREW opposed the eleven rules proposed on August 21, 2024, in a public comment alongside the Public Rights Project and ACLU of Georgia. CREW has also submitted records requests to obtain the public comments submitted about those rules.
183-1-12-.12 Tabulating Results Rule
Over 1,000 Georgia residents submitted public comments opposing the rule change passed by the Georgia State Election Board on August 19, 2024, that would empower county election board members to make demands for any election-related documents before certifying elections. Via an Open Records Act Request, CREW obtained the public comments submitted to the Board, which overwhelmingly opposed the rule change. Of the over 1,100 comments, fewer than 150 were submitted in support, while over 950 urged the Board to reject the rule. CREW also submitted a comment opposing the rule.
The vast majority of the comments were submitted by Georgia residents, who expressed concerns that the rule would slow the certification process, delay election results, burden election staff to produce documentation under considerable time constraints, amplify accusations of fraud and sow distrust in the election system. Approximately 80% of the commenters who identified themselves as current or previous election workers expressed their opposition to the rule. The rule has no safeguard to prevent superfluous requests designed to delay or obstruct certifications. The board passed the rule by a 3-2 vote, despite the overwhelming opposition. It is currently being challenged in court.
183-1-14-.02 Advance Voting Rule
Almost two-thirds of the 22 public comments submitted were opposed to a rule requiring additional steps for absentee ballot submission and video surveillance of early voting drop boxes, which was passed by the Georgia State Election Board on August 6, 2024.
Through an Open Records Request, CREW obtained the 22 public comments submitted to the State Election Board about this rule. Three comments were submitted by NGOs–all in opposition–and one by a county election board member, but the majority of the comments were submitted by Georgia residents. Almost two-thirds of the comments were submitted in opposition, with commenters expressing frustration about passing a rule with fewer than 100 days before a presidential election. Commenters were also concerned about the difficulties these changes would create for counties, including quickly training already overburdened election staff and installing expensive video surveillance equipment. The commenters also worried that requiring the new documentation would disproportionately disenfranchise elderly and disabled people or those who can’t take time off of work to vote.
CREW represented historians who filed an amicus brief in the case.
Photo by Wally Gobetz under a Creative Commons license.