Written by Ashton Snyder on
 October 3, 2024

Georgia Judge Appears Open to Keeping Election Rules

A Georgia judge has indicated his inclination to maintain two controversial new rules established by the state's election board, despite objections from Democrats.

According to The Hill, both Democratic and Republican lawyers acknowledged the necessity of certifying Georgia's presidential election results by the state's statutory deadline.

This agreement came amid a legal challenge to the recently implemented rules, which allow for a "reasonable inquiry" before election certification and grant election workers broader access to election-related documentation.

Judge Robert McBurney, who presided over the hearing, appeared skeptical of arguments to nullify the board's new rules. Instead, he repeatedly emphasized that county officials are obligated to certify election results, regardless of the new provisions.

Legal Battle Over Election Rule Changes

The lawsuit, brought forth by the national and Georgia Democratic parties, along with four county election officials, contends that these last-minute rule changes could potentially cause chaos in the upcoming presidential election. Vice President Harris's campaign has also backed this legal challenge.

The plaintiffs argue that the State Election Board's new rules transform the typically straightforward certification process into a potential avenue for individual board members to delay certification by investigating alleged discrepancies. This concern stems from recent instances where some county election board members in Georgia have refused to certify results.

Defending the new rules, Elizabeth Young, representing the election board, argued that the regulations were not intended to question certification duties. She emphasized the assumption that public officials will fulfill their duties in good faith.

Debate Over Rule Interpretation and Intent

The Republican National Committee (RNC), which intervened in the case, defended the rule changes. Baxter Drennon, an attorney for the RNC, asserted that the new rules merely reinforce existing law rather than altering it.

Ben Thorpe, representing the plaintiffs, countered that the "reasonable inquiry" rule lacks clear definition, potentially leaving room for individual interpretations that could delay or impede certification.

Judge McBurney probed both parties on the certification process, seeking to understand the specific uncertainties that could be addressed through a declaratory judgment. He expressed reluctance to simply provide reassurance about vote counting, stating that it falls outside a judge's purview.

Implications for Upcoming Presidential Election

Georgia's role as a crucial battleground state in the upcoming presidential election adds significance to this legal dispute. The state, which narrowly flipped to President Biden in 2020 after supporting former President Trump in 2016, is expected to be hotly contested again.

Recent polling data shows a tight race in Georgia, with Trump and Harris tied at 48 percent support each, according to an aggregate of surveys compiled by Decision Desk HQ.

Conclusion

Judge McBurney's ruling, which could come at any time, will have significant implications for Georgia's election process. The case highlights the ongoing tension between election security measures and concerns about voter suppression. The outcome may set a precedent for how election rules are interpreted and implemented in crucial swing states.

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About Ashton Snyder

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