Georgia Democrats, supported by Kamala Harris’ presidential campaign, filed a lawsuit Monday to block new election rules in the state, warning that they could cause post-election “chaos” in the critical battleground state this November.
The lawsuit, filed in Georgia state court by the Democratic National Committee, Georgia Democratic Party, and Democratic members of county election boards, challenges two recently passed rules from the Georgia State Election Board.
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These rules allow election officials to conduct a “reasonable inquiry” before certifying election results and permit county election board members to investigate ballot counts.
The lawsuit comes as tensions rise over actions by three Republican members of the state elections board, who have received praise from former President Donald Trump for their efforts. Trump narrowly lost Georgia by just over 10,000 votes in 2020 and has continued to promote unproven claims of voter fraud in the state.
Democrats are seeking a court ruling to ensure that election superintendents do not have the discretion to delay or refuse the certification of election results.
The lawsuit asks the court to declare that, barring a valid judicial order, election results must be certified no later than 5:00 P.M. on November 12, 2024.
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The complaint argues that Georgia law has historically treated election certification as a mandatory, non-discretionary duty. It contends that election officials may raise concerns about irregularities but cannot use those concerns as a reason to delay or deny certification.
The new rules, along with partisan appointments to the state election board, have drawn criticism from Democrats and voting rights advocates, who accuse the GOP members of trying to appease Trump and interfere with the election process.
“At minimum, these novel requirements introduce substantial uncertainty in the post-election process and—if interpreted as their drafters have suggested—invite chaos by establishing new processes at odds with existing statutory duties,” the plaintiffs said.
Some have urged Republican Gov. Brian Kemp to investigate the actions of the board members, while others have filed formal ethics complaints accusing them of pushing through “last-minute” rule changes.
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