(The Center Square) – The Supreme Court of Georgia on Tuesday upheld a rule that would allow video surveillance of drop boxes after the polls close but said four other rules are invalid.
The court determined that the State Election Board exceeded its statutory authority when passing the four rules.
They would have required hand counting of votes after the polls closed; allowed county election boards to conduct a “reasonable inquiry” before certifying elections; and permit board members to examine all election documentation before certifying an election. The last rule would have required caregivers of family members to provide a photo identification when dropping off absentee ballots for someone else.
“The nondelegation doctrine of the Georgia Constitution is rooted in the separation of powers,” wrote Chief Justice Nels S.D. Peterson in the unanimous opinion. “Indeed, ‘[t]o permit the General Assembly to abdicate and transfer to administrative agencies of government essential legislative functions, would strike down our constitutional system, and inaugurate the police state, condemned by every advocate of individual liberty and freedom.”
Rules that would have expanded the area where poll watchers could be and required public reporting daily counts of absentee and early votes were not decided by the court.
The two rules “cannot be challenged by voters, community stakeholders, organizations,” the court said in its ruling.
The State Election Board passed the rules just before the November 2024 general election. A Fulton County judge tossed the rules before the election.
The group Eternal Vigilance Action, Inc., and two individuals sided with the Democratic National Committee in challenging the rules.
The Republican National Committee and the Georgia Republican Party defended the rules.
The state Supreme Court heard oral arguments in March.
