The Georgia Supreme Court, after a little ping-pong in recent months over the new election rules adopted by the State Election Board, has refused to allow them to take effect until an appeal is heard on their merits. The rules won’t affect the November elections.
The Georgia Supreme Court unanimously decided that the rules would remain in place while the court considered whether the State Election Board, a panel made up of an unelected group consisting of three Republicans and one Democrat with a nonpartisan chairman as its chairperson, had overstepped their authority.
The court declined to hear the case on an expedited base, ensuring that there would be no rule changes made at the eleventh hour before Election Day. This is what election officials feared, as a late implementation could cause chaos.
🚨BREAKING NEWS🚨
The Georgia State Election Board’s (SEB) rules are dead for this election cycle. The Georgia State Supreme Court won’t consider the matter until AFTER this cycle is over, rejecting the RNC’s bid for expedited review pic.twitter.com/d8TsLi3fJ8
— Kylie Jane Kremer (@KylieJaneKremer) October 22, 2024
The Georgia Supreme Court just unanimously denied the Republican Party’s attempt to reinstate State Election Board rules for an election night ballot count and a “reasonable inquiry” requirement before certifying results. #gapol https://t.co/N37iQ5KMvQ
— Greg Bluestein (@bluestein) October 22, 2024
Fulton County Superior Court Judge Thomas Cox’s ruling was issued last week after the Board decided to accept the proposed rules changes despite the objections of Georgia Secretary of State Brad Raffensperger, and Attorney General Chris Carr due to the closeness of the elections.
Cox ruled seven of the new rules from the state board were “illegal and unconstitutional.”
Thomas Cox, Fulton County Superior Court judge, issued the order on Wednesday following a hearing to hear challenges against the rules. Cox invalidated three rules, including one that required that ballots be counted by hand after polls closed and two others that dealt with certification of results.
Cox concluded that these rules were “not supported by Georgia’s Election Code, and in fact are contrary to Georgia’s Election Code” He also wrote that the State Election Board had no authority to pass them. Cox ordered that the State Election Board remove the rules immediately and inform all state, local, and federal election officials of the rules’ invalidity and non-application.
The Republican National Committee appealed Cox’s decision.
The Republican National Committee (RNC), bypassing the intermediate court of the state, appealed to the Georgia Supreme Court. In announcing his appeal, RNC Chair Michael Whatley referred to Cox’s decision as “the worst of judicial activist”.
The highest court of the state agreed to hear the appeal last week, but the ruling on Tuesday maintains the status quo as the process continues.
Certainly frustrating for Republicans who are hoping to ensure the integrity of elections ahead of November 5. They may find some comfort in the latest Georgia polling.
