Georgia state Democrats add to lawsuit against pro-Trump State Election Board

An amicus brief filed this afternoon adds more weight to arguments against new election rules that benefit Trump.

Sep 10, 2024

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Nearly 50 Democratic members of the Georgia legislature today filed an amicus brief in a lawsuit brought against the State Election Board over rules that give county election officials more power to refuse to certify election results.

The brief, filed this afternoon in Fulton County Superior Court by the Public Rights Project in coordination with the lawmakers, backs up allegations included in a lawsuit filed last month by the Democratic National Committee and the Democratic Party of Georgia (DPG). Those allegations include that not only will the rules passed by the State Election Board (SEB) allow for conservative election officials to refuse to certify results based on false allegations of fraud and other irregularities, but that those rules are also in violation of state law.

The brief was filed on behalf of dozens of Georgia House representatives.

The brief alleges that the SEB — which has recently implemented two highly controversial rules granting more power to local election officials to refuse to certify results — has acted outside of its authority by passing those rules. The brief argues that the SEB is “usurping” Georgia’s General Assembly by effectively creating new laws governing elections — without the input of officials who are elected by Georgians, like state lawmakers. Instead, members of the SEB are political appointees.

In addition, the lawmakers argue in today’s filing, the two new certification rules passed by the SEB violate Georgia law.

“Because both of the Election Board’s challenged rules contradict Georgia law, allowing these rules to go into effect would usurp the constitutional power of the Generally Assembly to enact the laws that govern Georgia’s elections,” the brief states.

The matter is now in the hands of Superior Court Judge Robert McBurney, who is also judging the merits of a lawsuit filed by Julie Adams that seeks more power to refuse certification — power that was granted by one of the rules passed by the SEB.

Adams, a pro-Trump member of the Fulton County election board, regularly coordinates with SEB members Dr. Janice Johnston, Rick Jeffares and Janelle King, the trio of pro-Trump officials responsible for what Secretary of State Brad Raffensberger, a Republican, has called “activist rule-making.” Adams, Johnston, Jeffares and King are at the top of the food chain of Georgia’s election denial network, internal emails have shown.

Georgia House Rep. Saira Draper told American Doom that she believes McBurney “understands the time urgency involved here,” but warned that the SEB’s recent actions add to the chaos already swirling around Georgia’s elections as Donald Trump and Kamala Harris vie for crucial swing state votes here.

“Every iteration of this, we get closer and closer to Election Day and the counties who have to administer elections are left with more uncertainty and confusion as to what the rules are,” Draper said.

The certification rules in question — referred to in today’s brief as the “reasonable inquiry” and “examination” certification rules — were passed by the SEB in August by a 3-2 vote. Voting for the rules were Johnston, Jeffares and King, who Donald Trump praised as “pit bulls” “fighting for victory” at an Atlanta campaign rally on Aug. 3. Voting against the rules was the board’s chair, John Fervier, a Republican, and the board’s lone Democrat, Sara Tindall-Ghazal.

The first rule passed by the SEB allows county election officials to conduct a “reasonable inquiry” into election results before certifying. What constitutes a “reasonable inquiry” is not outlined in the rule — a fact pointed to in Tuesday’s lawsuit as opening the door to abuse by county election officials who support Trump’s lies about the 2020 election and his false claims of widespread voter fraud.

“This directly contradicts Georgia statute, which requires superintendents to certify results by a precise deadline, even in cases where ‘error or fraud is discovered,’” the brief states.

The second rule passed by the SEB allows county election officials to request an unlimited number of records and documents — including detailed and highly technical information from voting machines — before certifying results. It also prohibits county election officials from approving certification until the number of ballots cast and voters at each precinct match. Theoretically numbers that should always line up, election experts have said that precincts with large numbers of voters — like those in large cities that favor Democrats — often don’t match due to technical glitches and human error. Election deniers have targeted these irregularities as evidence of fraud but have never proved that any widespread fraud has taken place due to the discrepancies.

This rule “purports to provide additional discretion to conduct wide-ranging investigations prior to certification,” today’s brief notes.

The window between Election Day and counties’ certification deadlines is not the proper time to conduct investigation into fraud and irregularities or hear challenges to results, the brief argues. Such disagreements are to be heard in court, specifically the Superior Court in the county in which the results are being contested or argued. Today’s brief argues that the SEB’s new certification rules could prevent the normal process of election challenges from taking place — both for Democrats and Republicans.

“Any investigative process that delays certification will reduce the time for courts to process properly filed election challenges, and a sufficiently long delay could altogether displace the judiciary’s proper role in adjudicating election disputes,” according to the brief. “Courts are not only the legally correct venue for election disputes, but also the most effective. Their adversarial process, review of discovery for both sides, and access to experts and testimony provide the best tools for evaluating claims of irregularities. Limiting or eliminating the ability for those alleging errors or misconduct to have their day in court could allow erroneous or fraudulent election results to remain in effect.”

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Taken together, the SEB’s new certification rules — which were introduced by election denial activists and officials and received broad opposition from myriad parties on the center and left of Georgia politics — represent the threat of chaos to come in November, Draper says. Unless the rules are deemed invalid by McBurney, counties are free to refuse to certify results on virtually any ground they like — no matter how unfounded or conspiratorial.

Draper said today’s brief is in direct response to the decision by Georgia Attorney General Chris Carr to essentially dismiss a complaint against the three MAGA members of the SEB, thus shielding them from removal by Gov. Brian Kemp. Lawsuits now may be the only way to hold a rogue State Election Board accountable, according to Draper.

Like others, Draper sees no signs of the SEB slowing down as we approach 50 days from the election.

“I’ve seen quite the opposite,” Draper said. “They’ve been heralded as heroes. They are being celebrated when they walk into rooms. They’re absolute purists about what they are trying to do and achieving their goals.”

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