Georgians cannot demand that the governor hold a hearing to address complaints against members of state boards, Attorney General Chris Carr said in a legal opinion on Friday.
Governor Brian Kemp sought this opinion after Georgia Democrats asked him to remove three Republican members of the State Election Board. The Democrats claimed these members supported changes to election laws that could disrupt the upcoming November elections.
Last month, the board made controversial changes to the rules, allowing local election officials to delay or refuse to certify election results. Democrats fear this could cause confusion after the November 5th elections and potentially allow Donald Trump to win Georgia’s 16 electoral votes, even if Kamala Harris wins more of the state’s popular votes.
Kemp wanted clarification on whether citizens could file charges against board members. Carr clarified that citizens cannot simply present information to the governor to start a hearing.
Former Fulton County Election Board Chair Cathy Woolard, a Democrat, filed an ethics complaint against three board members who supported the rule changes. Woolard claimed they violated the Open Meetings Act by holding a meeting without the necessary public notice or quorum. In response, the board canceled two of the changes from that meeting and later reapproved them.
Max Flugrath, communications director for Fair Fight, criticized Carr’s decision. He said the opinion left a “gap” in accountability, questioning the effectiveness of the law if a formal complaint wasn’t enough to trigger action against the board members.