What to know about the Georgia election rules the Trump-backed Republican majority approved

By Nick Valencia and Jason Morris, CNN

(CNN) — Early voting in Georgia starts October 15, but even before the first vote is cast, critics say that Georgia Republicans are preparing a framework that could be used to contest the results of the election.

The five-member state election board, tasked with ministerial duties ahead of the election, last week pushed the limits of their power and passed new rules less than 90 days before the general election.

Board meetings that are historically sparsely attended were at times packed with partisan supporters of former President Donald Trump. Some outfitted in MAGA gear were on hand and vocal in their reactions to the normally monotonous hearings.

Georgia’s 16 electoral votes are crucial for both Trump and Democratic nominee Vice President Kamala Harris. President Joe Biden won the state by just over 10,000 votes in 2020.

Three new, relatively unknown Republicans, who were appointed to the board this year by the state legislature and the Georgia GOP, were thrust into the spotlight after Trump mentioned them by name at one of his recent rallies in Atlanta.

The mention by Trump raised red flags for critics of the new board who believe the State Election Board’s GOP members are working – officially or not – to appease the former president who has made Georgia a target of his false claim of massive voter fraud.

“They’re on fire. They are doing a great job,” Trump said during his August 3 speech in Atlanta. “Three members … all pit bulls fighting for transparency, honesty and victory.”

“This is about protecting all voters,” GOP board member Janelle 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.”

The other two Republican board members, Dr. Janice Johnston and Rick Jeffares, declined to answer questions from CNN.

Board chairman John Fervier, an independent, was handpicked by Georgia Republican Gov. Brian Kemp but has been vocal about his concern that some of the new rules passed or proposed by his board colleagues may be against the law.

Here’s what to know about the rules that were approved by the board this week that will reshape election protocols in the Peach State:

Counties have leeway to delay reporting

Georgia’s new controversial election rule states that county boards of election will now have the opportunity for a “reasonable inquiry” to ensure tabulation and canvassing of the election are complete and accurate before local election officials certify the results.

Certification is the official confirmation of voting results. It is a mandatory part of the voting process as a final check mark to verify the results with the secretary of state’s office.

The new Georgia rule comes in response to claims of voter fraud by Trump supporters in the 2020 election. Cobb County GOP chair Salleigh Grubbs, who believes the election was stolen in her county, spoke in support of the rule. Afterwards, defending her comments to CNN, she said that local election boards should not have to approve election results if they are not certain of the results.

Johnston drew a large ovation from the crowd during the August 6 meeting when she said election officials “should be able to see every single document in the election” before agreeing to certification.

But the ambiguity of what constitutes a “reasonable inquiry” has left voting rights advocates concerned that a partisan election county official may be able to use their discretion to reject election outcomes. They’re also concerned it makes certification of votes from county election officials discretionary and not mandatory.

“Worst case scenario would be that we have a bunch of counties who because they now have discretion to certify election results causes massive delays, uncertainties in which again, the state of Georgia may not be able to meet the required deadlines for certification,” Sam Park, Georgia’s Democratic House Minority Whip, told CNN.

“How are you going to implement a rule that doesn’t have guardrails where it is not clear what constitutes a reasonable standard?” Park asked.

New rules for absentee ballots

The Peach State’s updated absentee ballot rule will now require people who hand deliver an absentee ballot to come with a form of ID. Previously, counties were required to accept the ballots even if a person did not show up with identification.

The rule states that the ballot documentation form must be completed by the registrar, clerk, deputy or an election official. If the ballot is not included on the recorded absentee ballot form or any ballot delivered without a signed chain of custody document the ballot will be considered a provisional absentee ballot.

Rule change for drop boxes

Another new rule will require video surveillance after polls close in locations with a ballot drop box. Video surveillance may be live-streamed but must be recorded and will be considered part of the election documents and retained for two years.

The rule change comes in response to allegations of fraud at Georgia’s drop boxes in 2020 during which voters were given the option for the first time to vote safely during the Covid-19 pandemic.

Trump and his allies have made drop boxes the target of conspiracies, equating drop boxes with voter fraud and making false claims that individuals were using them to vote multiple times.

Georgia voting rights advocates point out that drop boxes were used primarily in 2020 by voters of color in low-income areas where travel times to a voting precinct are more difficult.

Poll observers get more access

Georgia’s new poll observer rules will increase the number of partisan poll workers monitoring the voting process and will expand the designated tabulation areas that poll watchers are entitled to observe.

The new rule was proposed by Republican Fulton County Election Board Member Julie Adams, who said it’s meant to help “the ability to fairly observe all processes of the tabulation center.”

The rule explicitly lists that counties will now have access to monitor “provisional ballot adjudication of ballots, closing of advanced voting equipment, verification and processing of mail in ballots, memory card transferring, regional or satellite check in centers and any election reconciliation processes.”

In 2020, Trump and his allies spread allegations of widespread fraud in the state, including claims that local election officials acted inappropriately, which were thoroughly investigated and disproven.

Georgia Secretary of State Brad Raffensperger’s extensive reviews of Georgia’s 2020 election – which included two machine vote counts and one hand count – did not reveal evidence of widespread fraud, and investigations by his office showed no evidence of large-scale fraud that would have impacted the results.

The divided state election board also voted to ask Georgia Attorney General Chris Carr to call for a new investigation into allegations that 3,000 votes were “double counted” in heavily Democratic Fulton County.

Ballot tracking, data storage and ‘Citizens Only’ signs

Additional changes to the state election rules include the following:

Daily vote total reporting requirements

This rule requires county election registers to establish a method for daily reporting to the public beginning the first day of early voting. For general elections and general election runoffs, this report will include the total number of “voters who have participated,” vote method breakdown, and the date on which the information was provided.

Optical scan voting systems and emergency ballot printing

This rule proposal requires all elections to be conducted using optical scanning voting systems rather than through voting systems relying on QR codes. It requires emergency and provisional ballots to be marked in the top margin “separately and distinctly” from absentee ballots.

Absentee ballot tracking

This rule proposal requires absentee ballots to be mailed by USPS or other delivery services that offer mail tracking.

Data storage requirements

Election superintendents are now asked to include metadata, cast vote records and audit logs in the electronic files they are required to prepare after tabulating election results.

Vote count reconciliation

This rule, proposed by Garland Favorito who runs the non-partisan election watchdog organization VoterGA, states that during absentee ballot tabulation, election officials must reconcile the totals shown on the election counters of the ballot scanners and the absentee ballot recap form. The rule mandates that in the event of discrepancies, no further action be taken until “the reason for the discrepancy has been determined to the satisfaction of the election superintendent.”

Vote total count procedure

This rule will require poll officers to count the total number of early vote ballots cast in each scanner and establishes a procedure for conducting counts at early voting locations.

“Citizens Only” signs

The panel recommended that counties display a “U.S. Citizens Only” sign at polling locations.

Johnston held up an example of a “U.S. Citizens Only” sign that counties can now display in front of polling locations to illustrate why she wanted her motion to pass, saying it will “help noncitizens from unwittingly violating election law,” she said.

When passing the rule, the board did agree with its lone Democratic member’s request that they should make it clear to local election officials in each county that displaying the sign is “optional.”

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