After a bit of a ping-pong battle in Georgia over modern voting rules issued by the state’s elections board in recent months, the state Supreme Court has done so rejected to allow the rules to remain in effect pending an appeal on the matter. This means the rules will have no impact on the upcoming November elections.
The Georgia Supreme Court unanimously ruled that the rules remain on hold as the court considers whether the state elections board – an unelected body made up of three Republicans, one Democrat and a bipartisan chairman – exceeded its authority.
The court also declined to hear the appeal on an expedited basis, effectively ensuring that no rule changes would take effect in the eleventh hour before Election Day, an outcome feared by election officials who warned that implementation at the last minute would lead to chaos in the elections.
🚨BREAKING NEWS🚨
The Georgia State Election Board (SEB) rules are dead for this election cycle. The Georgia Supreme Court will not consider the matter until after this cycle is over and will deny the RNC’s request for an expedited review pic.twitter.com/d8TsLi3fJ8
— Kylie Jane Kremer (@KylieJaneKremer) October 22, 2024
The Georgia Supreme Court just unanimously rejected the Republican Party’s attempt to reinstate the State Election Board’s rules for counting ballots on election night and requiring a “reasonable investigation” before certifying the results. #capol https://t.co/N37iQ5KMvQ
– Greg Bluestein (@bluestein) October 22, 2024
The ruling by Fulton County Chief Judge Thomas Cox last week followed the panel’s decision to accept the proposed rule changes, despite objections from Georgia Secretary of State Brad Raffensperger and Attorney General Chris Carr given the upcoming election.
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Cox governed that seven of the state board’s modern rules were “illegal, unconstitutional and void.”
Fulton County Superior Court Judge Thomas Cox issued the order Wednesday after holding a hearing on challenges to the rules. Among the rules Cox invalidated were three that had drawn much attention – one that required the number of ballots to be counted manually after polls closed and two that had to do with certifying election results .
Cox noted that the rules “are not supported by Georgia election law and are in fact contrary to election law.” He also wrote that the state election board does not have the authority to pass it. He directed the board to immediately rescind the rules and notify all state and local election officials that the rules are invalid and may not be followed.
Following Cox’s decision, the Republican National Committee Appealed the decision.
But the Republican National Committee (RNC) immediately appealed the decision, bypassing the state’s intermediate court and asking the Georgia Supreme Court to weigh in. RNC Chairman Michael Whatley called Cox’s ruling “the worst thing about legal activism” in a statement announcing the appeal.
The highest court in the state agreed last week to hear the appeal, but Tuesday’s ruling maintains the status quo while that process moves forward.
Undoubtedly frustrating for Republicans hoping to shore up election integrity before November 5th. However, recent polls in Georgia may give them some comfort.
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