Judge Strikes Down Multiple Georgia Election Rules
Judge Strikes Down Multiple Georgia Election Rules
    Posted on 10/17/2024
A local judge on Wednesday delivered a sweeping ruling that rejected multiple new rules governing elections in Georgia, describing them as “illegal, unconstitutional and void.”

Most of the rules knocked down by the court closely aligned with the priorities of right-wing activists and were approved by the Georgia State Election Board in recent months. They included mandates to count election ballots by hand, expand the monitoring of ballot drop boxes, require new identification for delivering absentee ballots and provide expanded access for poll watchers, along with new requirements and procedures that could disrupt the election certification process.

In a swift, 11-page ruling, Judge Thomas A. Cox found each of the rules passed by the Georgia State Election Board to be unlawful, violating Georgia state law, the Georgia State Constitution and the U.S. Constitution.

While the ruling amounted to a paragraph-by-paragraph rejection of months of rule-making by the State Election Board, it also struck a clear blow at the heart of many right-wing election policy goals, refuting arguments about election certification, hand counting and identification requirements as contrary to current law.

Since May, the Georgia State Election Board has been governed by a 3-2 right-wing majority, passing a host of rules that have been met with near universal opposition from local election officials. The secretary of state and attorney general, both Republicans, have warned the State Election Board that it was most likely exceeding its legal authority.

Judge Cox agreed.

“The S.E.B.’s authority can only extend to adopt rules and regulations to carry into effect a law already passed or otherwise administer and effectuate an existing enactment of the General Assembly,” Judge Cox wrote. “The rules at issue exceed or are in conflict with specific provisions of the Election Code. Thus, the challenged rules are unlawful and void.”

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