Update: On October 16, in a separate lawsuit, the Supreme Court of Fulty County put down the same rules of the campaign committee in Georgia, which the Democratic National Committee had questioned in order to allow a delay or prevention of certification as well as additional rules, including one that demands handlebars of voters after completing the surveys. The court found that the board lacked constitutional and legal authority to issue the rules. On October 22, Georgia's Supreme Court submitted an application from the Republican National Committee and the Republican Party of the Georgia, the district's decision in Fulton to restore the rules, while its appeal is pending against the decision.
The parties are still waiting for a decision in the original Democratic National Committee von contendant after a banking procedure took place in front of another judge of the Supreme Court of Fulty in early October. The recent rules of the Election Board of the Georgia Election Board are also also pending.
In September, the Fulton County Court also dismissed the original lawsuit, which was submitted by Julie Adams, a member of the campaign board. After her repetition, the judge granted an order on October 14 that the election certification for the certification for the election is mandatory and not at its own discretion of the district authority to certify or waive the election results under the circumstances.
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A lawsuit submitted on Monday calls for new electoral rules in Georgia, which can be interpreted by district districts of Rogue County in order to refuse or delay the certification of elections in the state.
According to two rules that were adopted by the five members of the Georgia this month, the certification of election officers must carry out an “reasonable examination” before certification (the process of registration after completion of the election results), and the members of the individual district board can examine when checking the returns of a district “All election complaints”. The changes were made 3-2 by Rick Jeffares, Janice Johnston and Janelle King 3-2. Jeffares and King enter the board this year, and Johnston was appointed in 2022.
The new regulations come from many years of law and the practice that the role of the certificate of civil servants is not discretionary and, as critics say, to open the door for unfounded election fraud, delays in certification and the demand for time -consuming investigations by district regulations.
The plaintiffs in the lawsuit – including the Democratic National Committee, the Democratic Party of Georgia, the individual district board members and democratic candidates for the state representative – call for the court in Fulton County (home to Atlanta) to hear the case before the elections of the fall.
Jeffares, Johnston and King have proposed that the certification of the election results is at their own discretion and that the new rules ensure that the members of the district board are confident that the election results are correct. According to Georgia Law, the election committees of the district are obliged to certify an election as soon as the many steps to the aggregation, counting and checking the results are available, the plaintiffs say. According to the plaintiffs, as soon as these processes have been completed and the total amounts are checked, the state law is refused to certify the results of the results without discretion. Also did not certify that officials should watch the results in order to solve allegations of fraud or misconduct, the plaintiffs argue. Such allegations are legally negotiated by the courts.
In addition, the new rules in the complaint should enable the election officers to delay the certification or not to be certified at all – under violation of Georgia's law.
The new rules were criticized by Georgia Foreign Minister Brad Raffensperger, who suggested that the State Board was not authorized to make such changes. He added that he believes that the district's election committees “follow the law” and the elections will be certified on time.
Wahlskperten have emphasized that courts are able to cope with all attempts to disturb the certification system. However, you have also commented on the fact that the new rules in Georgia could delay the certification process, which should take place shortly after an election. Unexpected inquiries and examinations were also able to present doubts about a correct and safe choice.
The contestation of the new rules depends on a current dispute in front of that of Julie Adams, a member of the campaign board of Fulton County, submitted together, submitted, who sues her own board and asks the court to explain that the election certification is at the discretion. (On behalf of the local league of the voters and Naacp chapter, the Brennan Center submitted a friend of the square to support the defendant's application.)
Adam's complaint occurred after refusing to certify the primary elections from the district in May 2024, and claimed without evidence that there was “discrepancies”. The other board members voted for the certification.
Both complaints raise questions about whether a practice that has been red and ministerial practice for a long time – and usually only excesses a few fanfare or attention – can be changed in spite of the existing law.
The election certification has been increasingly politicized since the presidential election in 2020 when President Donald Trump then lost his re -election offer and claimed that the election was “stolen” for him. His claims were widely suspended as untrue. The plaintiffs in the lawsuit about the rule change that “[a]The at least 19 election board members in nine districts in Georgia have rejected objections to the certification of elections in the past four years. “And election officers in states such as Arizona, Georgia, Michigan, Nevada and Pennsylvania have in any case refuse to certify the elections.
Trump, who was again running for the President, praised Georgia's board members this month, who voted for the rules of the rule, and called her “Pitbulls who fought for honesty, transparency and victory.
Erin Geiger Smith is a writer and editor in the Brennan Center for Justice.
Proposed quotation: Erin Geiger Smith, lawsuit calls for new rules for the election certification in Georgia, Sᴛᴀᴛᴇ Cᴏᴜʀᴛ Rᴇᴘᴏʀᴛ (August 28, 2024, updated, October 22, 2024), https://stetecourtport.org/our-work/analysis-opinion/lawsuit-challege.
