Georgia election board drafts new rule mandating ‘reasonable inquiry’ before certifying election results

by | May 9, 2024

The Georgia State Election Board initiated the drafting of a new rule on Wednesday, mandating a “reasonable inquiry” before certifying Georgia elections. This decision was made in response to a request from a Republican county election board member who declined to endorse this year's presidential primary results.

On Wednesday, the State Election Board voted 2-1 to initiate the rulemaking process for the certification definition proposed by Mike Heekin, a retired attorney. This proposed rule will undergo a thorough review process and may be officially adopted by the board later this year. This rule change would not necessitate the enactment of a new state law.

Three Republican board members from Fulton and Gwinnett counties voted against certifying the recent presidential primary results, citing a desire for more comprehensive documentation beyond a general overview of votes cast.

The county board members requested a diverse range of documents from their election staffs, which they did not receive before the certification deadline, set for the Monday following election day. This deadline was advanced by Republican legislators through a 2021 election law after the 2020 election. These documents included voter check-in lists, poll open and close tapes, drop box ballot forms, and detailed records of votes cast.

The board voted unanimously to commence the drafting of a proposed rule regarding certification documentation. Existing state law mandates that election officials compare registration numbers with voter check-in forms and the number of ballots cast.

Among the board members who declined to certify the recent presidential primary were Heekin, Julie Adams of Fulton, and David Hancock of Gwinnett County.

If a county election board declines to certify a significant election, such as a presidential race, it could lead to delays and disputes over the results. Ultimately, the matter would likely need to be resolved through legal channels, possibly involving the courts.

In recent memory, no county in Georgia has failed to certify its election results. However, Republican-appointed board members in Cobb, DeKalb, Fulton, Gwinnett, and Spalding counties opposed certifying local results last November or presidential results this March. Despite their objections, they were outnumbered by other board members, mostly Democrats, who voted to certify the elections.

The Republican majority in the General Assembly has passed changes to Georgia election laws every year since the stolen 2020 election.

 

Source: The Atlanta Journal-Constitution

 

 

 

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