Georgia Judge Blocks Hand-Counting of Election Day Ballots Rule
A Fulton County Superior Court judge has blocked a newly passed rule that would have required Georgia Election Day ballots to be counted by hand after polls close. Judge Robert McBurney’s ruling came a day after he also reaffirmed that county election officials must certify election results by the legally mandated deadline.
Hand Count Rule and Lawsuit
The rule, approved by the State Election Board last month, mandated that three poll workers hand-count paper ballots. However, Cobb County’s election board, representing the Atlanta suburbs, filed a lawsuit against this rule and five others. The county argued that these rules were unreasonable, exceeded the board’s authority, and were not adopted in compliance with state law.
Judge’s Ruling on the Hand Count
In his ruling, Judge McBurney expressed concerns about the potential chaos the hand-count rule could create. He described it as “too much, too late,” citing the absence of proper guidelines, training, and budget provisions to support the process. McBurney warned that implementing the rule now would lead to “administrative chaos,” making it difficult for elections to be conducted fairly and orderly.
While McBurney acknowledged that the rule might have some merit, he criticized its hasty implementation and emphasized the need for electoral stability. He also invoked the memory of the U.S. Capitol riot on January 6, 2021, as a reminder of the dangers of uncertainty in the electoral process.
Election Certification Deadline
In a separate ruling, McBurney reaffirmed that county election boards must certify election results by the legal deadline, regardless of any delays in obtaining election-related information. Georgia law mandates that certification must occur by 5 p.m. on the Monday following an election or by Tuesday if Monday is a holiday. This ruling addressed concerns from Republicans who argued they should have discretion to delay certification.
Implications and Early Voting
The rulings come as early voting begins in Georgia ahead of a critical presidential election. Democrats, voting rights advocates, and legal experts welcomed the rulings, expressing concerns that the new election rules could have delayed certification and eroded public confidence in the results.
Concerns Over Potential Delays
Critics of the hand-count rule, including Democratic groups and the Harris campaign, viewed it as an attempt to delay results, especially if former President Donald Trump were to lose the upcoming election. They argued that the Trump-backed State Election Board passed rules designed to create doubt and delay certification, potentially affecting the election’s outcome.
Response from the State Election Board
During a hearing, Robert Thomas, an attorney for the State Election Board, defended the hand-count process, arguing it would only add a few extra minutes to the counting process. He suggested that results could be sent to the tabulation center while the hand count occurred, avoiding delays. However, McBurney disagreed, citing concerns about the lack of resources and proper training to implement the rule effectively.
Legal Challenges and Ongoing Litigation
The judge’s ruling is just one of several challenges to the new election rules passed by the State Election Board in recent months. Ongoing legal battles, with lawsuits filed by both Democratic and Republican groups, continue to shape the state’s election landscape. These rulings highlight the growing tensions as Georgia prepares for another high-stakes election.