Georgia State Election Board passes new rule allowing county boards to demand more information before certifying an election

By Jason Morris and Nick Valencia, CNN

(CNN) — Georgia’s State Election Board passed a new rule ahead of the November election that will give county election boards the authority to demand more information, including the ability to conduct inquiries, before certifying election results.

The rule change comes 91 days ahead of the presidential election – something that was of concern to the board’s lone sitting Democrat, Sara Tindall Ghazal. Georgia Democrats like Ghazal say the new rule could potentially delay certification of the results in the upcoming general election if a county’s election board chooses to do so.

“The actions by the Georgia State Election Board today threaten Georgia’s time-tested checks and balances that we all rely on for fair, accurate, and secure election results. Georgia already has rigorous processes in place to verify, count, and review every ballot – and audit those results – prior to certification,” Voting Rights Lab Co-Founder and Chief Operating Officer Sam Tarazi said in a statement.

Tarazi said the rule could result in “unknowable delays in future elections at the behest of a single individual,” adding: “It flies in the face of the strong checks and balances that have been in place for Georgia’s elections for decades.”

The vote passed 3-2, with board Chairman John Fervier crossing party lines to vote alongside Ghazal opposing the rule. Fervier was appointed as chairman of the board by Georgia Republican Gov. Brian Kemp earlier this year.

During the heavily attended public hearing Tuesday, the board also passed – in a 3-1 vote along party lines – a motion to increase the number of poll watchers who are allowed to observe the tabulation process in Georgia’s 159 counties. It also unanimously voted against a renewed effort to introduce new rules for hand-marked paper ballots in time for November’s election to prevent possible vulnerabilities.

The hearing proved an animated scene with supporters of former President Donald Trump in attendance cheering on public comments and the eventual vote supporting the rule changes.

During his rally on Saturday, Trump, the Republican presidential nominee, offered his support for the three previously low-profile Republicans on the five-member board. The name-check renewed concerns among Democrats that the Republican-majority state election board is inserting partisanship in politics.

Among those Trump mentioned by name was Dr. Janice Johnston, whose board work he recognized, drawing an ovation from the crowd.

Johnston was met with loud applause from some in the room during Tuesday’s meeting when she said she thought the board “should be able to see every single document in the election.”

Republican board member Janelle King, who also voted for the rule, argued that county board members should not need to sign a document to certify results and should be allowed to review documents if they have outstanding questions.

Ahead of the meeting, King told CNN that the board’s consideration of rule changes ahead of the general election is being done in good faith.

“This is about protecting all voters,” King told CNN. “I am making sure I am doing the right thing. I am appreciative of the president’s support, but I am not working on behalf of anyone.”

She said critics who are worried about potential interference by the Trump campaign is laughable.

“Saying our name and saying we’re doing a good job doesn’t mean anything. It just means we’re doing a good job in his eyes,” King said of Trump’s rally mention.

State Rep. Sam Park, the Democratic minority whip, criticized the board, saying it is using politics to potentially disrupt certifying the election results.

“These certification rules directly conflict with Georgia law, which states in multiple places that local election board officials shall perform their duties – meaning their duties are mandatory, not discretionary,” said Park, an Atlanta-area attorney.

Ahead of the meeting, Georgia Secretary of State Brad Raffensperger, who was the chairman of the state’s board during the 2020 election, called the panel “a mess.” His office would not offer additional comment.

“He’s a mess,” King said, reacting to Raffensperger’s comments.

Two Republican former secretaries of state submitted a letter to the Georgia State Board of Elections on Tuesday cautioning that “Recent last-minute rule/law changes and nontransparent tactics, like those introduced in Georgia, are unhelpful and may lead to additional public distrust of elections.”

Ghazal told CNN her biggest concern is “public confidence in the election,” since, she said, the atmosphere created by entertaining potential rule changes ahead of November could put a cloud of doubt around Georgia’s election that would be difficult to overcome.

CNN’s Dianne Gallagher contributed to this report.

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