After a bit of a ping-pong match in Georgia over new election rules enacted by the State Election Board in recent months, the state’s Supreme Court has declined to allow the rules to go into effect pending an appeal on the merits. That means the rules will not impact the upcoming November election.
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The Georgia Supreme Court decided unanimously that the rules will remain on hold as the court considers whether the State Election Board — an unelected panel of three Republicans, one Democrat and a nonpartisan chair — overstepped its authority.
The court also declined to hear the appeal on an expedited basis, effectively ensuring that no eleventh-hour rule changes will take effect before Election Day, an outcome feared by election officials who warned a last-minute implementation would cause chaos at the polls.
🚨BREAKING NEWS🚨
The Georgia State Election Board’s (SEB) rules are dead for this election cycle. The Georgia State Supreme Court won’t consider the matter until AFTER this cycle is over, rejecting the RNC’s bid for expedited review pic.twitter.com/d8TsLi3fJ8
— Kylie Jane Kremer (@KylieJaneKremer) October 22, 2024
The Georgia Supreme Court just unanimously denied the Republican Party’s attempt to reinstate State Election Board rules for an election night ballot count and a “reasonable inquiry” requirement before certifying results. #gapol https://t.co/N37iQ5KMvQ
— Greg Bluestein (@bluestein) October 22, 2024
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The ruling last week by Fulton County Superior Judge Thomas Cox followed the decision by the Board to accept the proposed rule changes, despite objections raised by Georgia Secretary of State Brad Raffensperger and Attorney General Chris Carr, given the proximity of the election.
HUGE WIN: Georgia Elections Board Overrules State AG, Requires Hand Count of Ballots on Election Day
Cox ruled that seven of the state board’s new rules were “illegal, unconstitutional and void.”
Fulton County Superior Court Judge Thomas Cox issued the order Wednesday after holding a hearing on challenges to the rules. The rules that Cox invalidated include three that had gotten a lot of attention — one that requires that the number of ballots be hand-counted after the close of polls and two that had to do with the certification of election results.
Cox found that the rules are “unsupported by Georgia’s Election Code and are in fact contrary to the Election Code.” He also wrote that the State Election Board did not have authority to pass them. He ordered the board to immediately remove the rules and to inform all state and local election officials that the rules are void and not to be followed.
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Following Cox’s ruling, the Republican National Committee appealed the decision.
But the Republican National Committee (RNC) rapidly appealed the decision, bypassing the state’s intermediate court and asking the Georgia Supreme Court to weigh in. RNC Chair Michael Whatley called Cox’s ruling “the very worst of judicial activism” in a statement announcing the appeal.
The state’s highest court agreed last week to hear the appeal, but Tuesday’s ruling maintains the status quo while that process moves forward.
Frustrating, no doubt, for Republicans hoping to shore up election integrity ahead of November 5. However, they may take some solace in the latest polling out of Georgia.
Latest Georgia Poll Spells Doom! for the Harris Campaign
