Georgia Judge Questions State Election Certification Rule

Georgia Judge Expresses Skepticism Over State's Election Policies

A Fulton County Superior Court Judge, Robert McBurney, expressed doubts over the policies implemented by Georgia's election board on October 1. The judge referred to one of the contested rules as "vague" and in need of further clarification. He also stated that many of the board's policies were in conflict with a Supreme Court ruling on rules established prior to an election.

Contested Election Rules

The trial on Tuesday focused on two rules. One of them provides a definition of certification that necessitates county officials to conduct a "reasonable inquiry" before certifying results, without specifying what this entails. The other rule permits county election officials "to examine all election-related documentation created during the conduct of elections." Proponents of these rules argue that they are essential for confirming the accuracy of vote totals before county election officials approve them. However, critics fear that supporters of former President Donald Trump, the Republican presidential nominee, could exploit these rules to delay or deny certification if Trump loses the state to Democratic Vice President Kamala Harris, thereby creating confusion and casting doubt on the election results.

Call for Clearer Guidelines

Regarding the "reasonable inquiry" rule, Judge McBurney told Ben Thorpe, the attorney for the Democratic National Committee, that the rule was "vague and needs clarification." On the other hand, he seemed more receptive to the examination rule, which he described as a "permissive rule." Thorpe raised concerns about a part of the rule that mandates election workers to meet and review precinct returns hours before all the returns are finalized. He argued that this creates a "direct and actual concrete problem" for the workers.

Legal Challenges

The court hearing was initiated by a request from Democrats for declaratory judgments to invalidate two policies passed by the election board. On September 30, the Democratic Party also filed a lawsuit challenging another policy where the election board required ballots to be counted manually. During the trial, Judge McBurney asked the attorneys present if they agreed that election certification was obligatory under the new rules. They concurred, leading the judge to focus on how county officials might interpret the rules set by the election board.

Interpretation of Rules

Thorpe suggested to Judge McBurney that if he did not invalidate the rules in question, he should clarify that election workers must certify by the appointed deadline despite any uncertainties. The judge seemed to concur, proposing a reasonable inquiry into the results without foregoing certification. Lawyers for the election board and the Republican National Committee argued that the new rule allowed election workers to operate within the law. Elizabeth Young, a lawyer for the election board, stated that a ruling from the judge was not necessary. She cautioned that if Judge McBurney did more than advise election workers to follow the law, he might be entering the realm of issuing an "advisory" opinion, which he was keen to avoid.

Legal Obligations

Young suggested that bad faith on the part of an election worker was not a valid reason for issuing an advisory opinion as it indicated that the workers were not willing to fulfill their legal obligations. She referred to a situation where a majority of an election board failed to fulfill their legal duty, stating that this would be a strong case for mandamus, a court order compelling someone to fulfill their legal obligations.

Bottom Line

The debate over election rules continues to be a contentious issue, with the need for clarity and fairness at the forefront. The trial in Georgia highlights the complexities and potential ambiguities in the rules that govern our elections. It raises important questions about how these rules are interpreted and applied, and the potential implications for the democratic process. What are your thoughts on this matter? Feel free to share this article with your friends and discuss it. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.