(The Center Square) – Plaintiffs challenging rules passed by the Georgia State Board of Elections are not questioning their constitutionality but are asking a judge to clarify what it could mean on Election Night.
Fulton County Superior Court Judge Robert McBurney held a bench trial Tuesday just 35 days before the Nov. 5 general election to consider questions raised by the Democratic Party of Georgia and a long list of plaintiffs in the lawsuit.
The rules passed by the state elections board allow local boards to conduct a “reasonable inquiry” before certifying elections and examine all documents for discrepancies.
“At minimum, these novel requirements introduce substantial uncertainty in the post-election process and – if interpreted as their drafters have suggested – invite chaos by establishing new processes at odds with existing statutory duties,” the plaintiffs said in the suit.
State law requires that election boards certify elections within a week. McBurney said the plaintiffs were not challenging the mandatory certification, and board members have a duty to certify the election.
McBurney indicated he would rule on the case soon.
The case is just one challenge to new rules enacted by the State Board of Elections. The Georgia NAACP said in a statement it opposes a rule enacted by the board last month that requires a hand count of votes.
“The requirement to unseal and hand-count ballots daily introduces a greater risk of error due to fatigue,” the NAACP said in a post on its website. “Mistakes made during this unnecessary process could lead to voter disenfranchisement and accusations of misconduct. Implementing such changes so close to the November elections would also create uncertainty in the vote tabulation and certification process.”
The Democratic Party of Georgia filed a lawsuit challenging the rule, according to reports.
