In a significant ruling, a Georgia judge has declared that county election board members cannot block the certification of votes based on suspicions of fraud, just weeks before the 2024 presidential election. Fulton County Superior Court Judge Thomas Cox made the decision on Wednesday, declaring seven new election rules recently passed by the State Election Board to be “illegal, unconstitutional, and void”.
The rules, which were approved by a 3-2 vote from the Republican-dominated elections board last month, have been a contentious issue between supporters of former President Donald Trump and those of Vice President Kamala Harris. The measures included requirements for hand-counting ballots after polls closed to ensure totals match machine tabulation, as well as new rules for certifying election results.
Cox ruled that these rules were unsupported by Georgia’s Election Code and were, in fact, contrary to it. He also blocked requirements for new signatures and photo IDs for individuals dropping off absentee ballots for others. The judge argued that the State Election Board did not have the authority to pass these rules, citing a lack of support from the Election Code.
The lawsuit was filed by Eternal Vigilance Action, an organization founded by former Republican state legislator Scot Turner. Turner hailed the ruling as a “complete and total victory for the Constitution of the United States”, stating that it was a victory for the principles of constitutional governance and the separation of powers.
In a separate ruling on Tuesday night, Fulton County Superior Court Judge Robert McBurney temporarily blocked one of the rules, citing concerns that implementing it so close to the election would be unwarranted. McBurney acknowledged that the rule’s intent was not problematic, but argued that its implementation would be premature.
Critics of the new measures argue that they would slow down election night results, while supporters claim that hand-counting ballots would only take a few extra minutes, not hours. McBurney’s ruling highlighted the importance of ensuring that election results are certified in a timely manner, stating that Georgia voters should not be silenced by the actions of election board members. The Constitution and Election Code, he argued, do not permit such actions.
The ruling has significant implications for the upcoming presidential election, as it limits the ability of county election board members to block the certification of votes based on suspicions of fraud. The decision is seen as a victory for those who advocate for the principles of constitutional governance and the separation of powers.
