Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court. A bench trial, meaning there is a judge but no jury, is set to begin Tuesday. The Republican majority on the State Election Board voted to approve the rules last month.
Georgia ’s State Election Board members discuss proposals for election rule changes at the state capitol, Friday, Sept. 20, 2024, in Atlanta. Georgia ’s State Election Board members discuss proposals to a full room for election rule changes at the state capitol, Friday, Sept. 20, 2024, in Atlanta. Georgia ’s State Election Board members discuss proposals for election rule changes at the state capitol, Friday, Sept. 20, 2024, in Atlanta.
Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”
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