The Georgia Secretary of State's Office performs a "health check" on election systems ahead of the November election in DeKalb County on Sept. 17, 2024. (FOX 5)
ATLANTA - Georgia’s State Election Board narrowly rejected a proposal Wednesday that would have defined when hand-marked paper ballots could replace the state’s touchscreen voting machines, ending weeks of debate over whether the board had the authority to make such a change.
The rule failed on a 2-2 vote after critics argued it would have overstepped the board’s legal power and opened a pathway for widespread paper ballot use, even though lawmakers mandated ballot-marking devices as the primary voting method. Vice Chair Janice Johnston sided with that view, saying, "This really is the duty and the job of the legislators."
What they're saying:
Supporters said the change was needed because the current machines sometimes violate state law, pointing to concerns that voters cannot verify QR codes printed on their ballots and that the upright screens do not provide enough privacy. Jeanne Dufort, a county Democratic official and co-author of the bipartisan proposal, told the board, "You have both the duty and the responsibility for the conduct of legal elections in Georgia."
The proposed rule would have spelled out the conditions under which voting machines are "impossible or impracticable" to use. Hand-marked paper ballots are currently allowed only during an "emergency."
Questions about Georgia’s voting system intensified after the 2020 election as conspiracy theories spread alleging the machines were used to steal victory from President Donald Trump. Georgia’s Dominion-made system, purchased statewide in 2020 and now owned by Liberty Vote, prints ballots with both a human-readable summary and a QR code that scanners use to count votes.
Election integrity activists had criticized the system even before 2020, arguing voters cannot read the QR code to confirm accuracy and that the large screens compromise ballot secrecy. The secretary of state’s office maintains that the system is secure and reliable.
Co-author Salleigh Grubbs, first vice chair of the Georgia Republican Party, argued lawmakers have not moved fast enough to eliminate QR codes, which are set to be phased out after July 1, 2026. "We are already voting on an illegal system," Grubbs said. Johnston said she agreed with the sentiment but still voted against the rule.
Dufort said emergencies should not be the only reason to switch away from machines. "There are variety of reasons why the primary method of marking your ballot isn’t usable" Dufort said.
The state attorney general’s office and key legislators urged the board to reject the proposal, warning it risked violating a Georgia Supreme Court ruling that limits the board to enforcing election laws, not expanding or redefining them. Democrat Sara Tindall Ghazal, the board’s only lawyer, said, "We are putting ourselves at risk of getting swatted back under the very precedent that was created to constrain and orient this board."
Some opponents said they feared the change would enable an end-run around state law requiring in-person voters to use touchscreen machines. "These definitions appear to be a backdoor attempt to move Georgia to the routine use of hand-marked paper ballots," said Janet Green, a DeKalb County poll worker.
What's next:
Lawmakers say they are already working on their own measures. State Rep. Victor Anderson told The Associated Press, "I feel like the proposed rule is trying to get ahead of that before we handle it through the proper sources."
Board members said they will now urge legislators to consider adopting a version of the proposal. "We will be in communication with the General Assembly to address the problem they created," Johnston said.
The Source: This article is based on reporting by the Associated Press.