ATLANTA, Ga. (Atlanta News First) – The Supreme Court of Georgia struck down four of seven election rules that were approved before the 2024 general election by the Republican-led state election board.
In a unanimous ruling, the court also validated one of the seven rules and sent the remaining two back to a lower trial court for further review.
Here are the seven rules that were adopted by the election board that were at the center of the court’s Tuesday ruling:
- That county election boards conduct a “reasonable inquiry” before certifying the results of an election.
- That election board members are permitted to examine all election-related documentation before certifying results.
- That precinct workers count ballots by hand after the close of polls.
- That the total number of votes, as well as the specific number of early and absentee votes, be reported daily and made available on a website or in a public place accessible 24 hours a day to the public.
- That poll watchers be allowed access to an expanded list of areas where the tabulation of votes takes place.
- That family members or caregivers provide photo identification when dropping off an absentee ballot of another voter at certain ballot drop-off locations.
- That absentee drop boxes at early voting locations be under video surveillance outside of voting hours.
The court found only the last rule valid. It ruled the others were adopted outside the scope of the election board’s authority and struck down rules one, two, three and six.
Meanwhile, rules four and five were sent back to a trial court to determine if one of the plaintiffs has the legal standing to challenge them.
The Georgia State Conference of the NAACP and the Georgia Coalition for the People’s Agenda, represented by the Lawyers’ Committee for Civil Rights Under Law, the American Civil Liberties Union, and the law firm Morgan Lewis, all praised the ruling.
“The ruling confirms that the State Election Board exceeded its legal authority by attempting to rewrite election procedures just weeks before a major election without legislative approval and in direct contradiction of Georgia law,” said Gerald A. Griggs, president of the Georgia State Conference of the NAACP.
The rules were adopted in August and September 2024 ahead of the general presidential election by the five-member State Election Board, which is composed of three Republicans, one Democrat and a nonpartisan chair. Then-former President Donald Trump praised the new rules, which were supported by the three Republicans on the board and opposed by the lone Democrat.
Eternal Vigilance Action, Inc., and two individuals, Scot Turner and James Hall, argued the seven rules contradicted the state Election Code and were not within the scope of the authority granted to the State Election Board by the Georgia General Assembly.
The state, along with the Republican National Committee and the Georgia Republican Party, appealed, arguing the organizational plaintiffs lacked proper legal standing.
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