A judge halted the implementation of a rule on Tuesday that would require hand counting ballots when polls close on November 5, just as Georgia voters began early voting. Judge Robert McBurney ruled that the rule came “too much, too late,” citing concerns over its impact on public confidence in the election results.
“This election season is fraught; memories of January 6 have not faded away, regardless of one’s view of that date’s fame or infamy. Anything that adds uncertainty and disorder to the electoral process disserves the public,” McBurney wrote, emphasizing the “substantial threat of irreparable harm” posed by the hand count rule.
McBurney criticized the “11th-and-one-half hour implementation” of the rule, which would involve thousands of poll workers manually counting ballots in an “unfamiliar”and “untested” manner, without sufficient time for training. He warned that introducing such a significant change so close to Election Day could undermine trust in the electoral process.
The rule, passed in September by the State Election Board on a 3-2 vote, was championed by supporters of President Trump. It would require poll managers to unseal ballot boxes and count ballots manually to ensure they match machine totals. The rule faced immediate backlash, with lawsuits filed by local and national officials and criticism from both parties, including Georgia’s Republican attorney general and secretary of state.
Cobb County’s election board led the legal challenge, arguing that the new rules would drastically alter Georgia’s election procedures on the eve of a major election. The board sought a temporary restraining order, claiming it was too late to adjust staffing and training for the new requirements. The county’s attorney warned that implementing such changes could lead to voter confusion and discourage participation.
Despite the state board’s defense that training poll workers for the new rules would not be difficult, McBurney sided with the plaintiffs. He noted that with Election Day fast approaching, there were still no clear guidelines or training materials for the hand count procedure.
McBurney, who oversaw the Georgia special grand jury that in 2023 recommended indicting Trump for attempting to overturn the state’s 2020 election “results,” is also handling a related case brought by the national and state Democratic parties challenging the new rules. A hearing in that case is set for Wednesday afternoon.
