The decision by Georgia’s State Election Board to require hand counting of ballots at every voting precinct has sparked significant controversy and legal challenges.
Secretary of State Brad Raffensperger criticized the move, stating that the board exceeded its legal authority, violating state law. He emphasized that the board cannot override laws enacted by the General Assembly.
Former GOP state Rep. Scot Turner, who now leads the conservative group Eternal Vigilance Action, has filed a lawsuit in Fulton Superior Court against the Election Board, arguing that unelected officials should not have the power to make laws.
He claims the board’s actions breach the separation of powers by effectively legislating through rulemaking.
Additionally, the state and national Democratic parties have filed a separate lawsuit challenging the rule, with a bench trial scheduled for October 1 in Judge Robert McBurney’s courtroom.
The legal disputes were anticipated even before the vote. Georgia’s Attorney General, Chris Carr, had warned the board in a letter that the proposed rule was not grounded in any statute, suggesting it could be illegal.
Despite this warning, the board passed the measure in a 3-2 vote, with Chair John Fervier and Democratic board member Sara Tindall Ghazal voting against it.
Raffensperger and the Attorney General’s office both expressed concerns that this rule change could delay election results and undermine the electoral process.
Board member Janelle King, however, defended the decision, stating that while the Attorney General’s warning was respected, it did not obligate the board to follow it.
This issue stems from changes made after the 2020 election when the General Assembly revised Georgia election law, removing the Secretary of State as chair of the election board.