The Georgia State Election Board has enacted a rule related to the tallying of ballots on election night, sparking concerns among some over potential delays and legality.
The Georgia board voted 3-2 to require hand-counts on election night, though the rule will not apply to ballots cast during the early voting period, as Just the News reports.
On Friday, the board passed the controversial rule in a narrow vote, leading to significant backlash from election officials and the state's attorney general. Critics argue that this last-minute change could cause serious delays in reporting results and may run afoul of state law.
The new rule, which applies only to precincts on election night, requires that hand-count tallies align with the machine count before certification. It does not extend to ballots cast during early voting, after the board opted to table that proposal in a separate 4-1 vote.
The Georgia Association of Voter Registration and Election Officials strongly opposed the measure. In a letter sent to the board earlier in the week, they warned that the rule could overburden election workers and increase the likelihood of mistakes. The group stated the rule could "delay results, set fatigued employees up for failure, and undermine the very confidence" it was supposedly meant to promote. The letter highlighted concerns about the increased stress on precincts and the potential for confusion.
State leaders, including Secretary of State Brad Raffensperger, have also voiced their objections. Raffensperger criticized the decision to implement such a significant change so close to the election. "Ninety days before an election, you should not institute major changes to the election process," he said, noting that the rule would likely cause delays in results from Georgia’s 2,400 precincts.
Raffensperger also cautioned that the more complicated the process, the greater the risk of failure. "The more moving parts you have, the more chance you have to fail," he stated. His office's opposition is shared by the Georgia attorney general, who has argued that the rule is likely illegal. In a memo, the attorney general’s office noted that current statutes do not provide for hand-counting ballots at precincts before they are sent to election superintendents for tabulation.
The memo from the attorney general's office further clarified that the new rule lacks legal grounding, stating, "There are thus no provisions in the statutes cited in support of these proposed rules that permit counting the number of ballots by hand at the precinct level prior to delivery to the election superintendent for tabulation."
The memo concluded that this type of action would likely be viewed as "impermissible legislation that agencies cannot do" and might lead to legal challenges. Despite these warnings, the rule was pushed forward, adding to the contentious debate over how elections should be managed.
Critics fear that this decision may erode trust in the election process. While the rule's supporters argue that it will enhance transparency, opponents claim it risks further complicating an already challenging system.
With only weeks remaining before the November election, local election officials are now scrambling to adjust to the new rule. Many worry that the additional burden of hand-counting ballots could lead to significant delays in reporting results.
Raffensperger has warned that voters may have to wait longer to hear the final outcomes of key races. The hand-count process, which must be completed before the results are certified, could stretch the timeline for finalizing results, especially in closely contested areas.
Election officials across the state are bracing for these delays, while continuing to express concerns about the rule's impact on the overall efficiency and reliability of the election process. The rule's opponents argue that implementing such a significant change so close to the election increases the risk of errors and confusion, both among election workers and the general public. Whether these concerns will come to fruition remains to be seen.
