Georgia Supreme Court partially invalidates state election rules
A voter holds up their sticker after casting their ballot on the last day of early voting for the 2024 election on November 1, 2024 in Clarkston, Georgia. Georgia has had a record turn out for early voting with nearly 50% of active voters in the stat
ATLANTA - In a significant ruling, the Georgia Supreme Court has invalidated four of seven state election rules approved by the State Election Board before the November 2024 general election. Additionally, it found that two of the remaining rules could not be considered during the appeal.
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The three-person Republican majority on the State Election Board, which was praised by then-former President Donald Trump during a rally in Atlanta in August, voted to adopt multiple rules in August and September 2024 over the objections of the board’s lone Democrat and the nonpartisan chair.
What we know:
The decision, which partially affirms, reverses, and vacates a previous ruling by the Fulton County Superior Court, sends the case back to the trial court for further review. Fulton County Superior Court Judge Thomas Cox had ruled in mid-October that 7 of the rules were "illegal, unconstitutional and void."
The rules in question included requirements for county election boards to conduct "reasonable inquiries" before certifying election results, hand-counting ballots, daily reporting of vote totals, expanded access for poll watchers, photo ID requirements for absentee ballot drop-offs, and video surveillance of drop boxes. The Court found that only the video surveillance rule was valid, while the others exceeded the State Election Board's authority.
The underlying lawsuit, brought by Eternal Vigilance Action, Inc. and individuals Scot Turner and James Hall, argued that the 7 rules contradicted the state Election Code.
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The State, along with the Republican National Committee, appealed, questioning the plaintiffs' legal standing. The court heard oral arguments in Cartersville on March 19. The Court concluded that organizational plaintiffs (Eternal Vigilance and Georgia State Conference of the NAACP) lacked standing, but individual voters Turner and Hall did have standing.
What they're saying:
Chief Justice Nels S.D. Peterson, in a unanimous opinion, emphasized the importance of the nondelegation doctrine, which prevents the transfer of legislative power to administrative agencies. The Court's decision underscores the need for clear statutory authority in rule-making and highlights the ongoing debate over election integrity and governance in Georgia.