Georgia’s attorney general said the state’s governor is not required to investigate members of the State Election Board amid ethics complaints over recent changes to election procedures.
The determination followed Gov. Brian Kemp’s request that Carr provide an official opinion on whether he had the authority to act on the ethics complaints Democratic officials had filed against three State Election Board members: Rick Jeffares, Janice Johnston, and Janelle King. The board has five members.
Carr’s opinion did not touch on whether the governor has that authority but merely addressed whether he is required to hold a hearing to explore the members’ removal.
The board members in question, all Republicans, sparked controversy in August when they approved new rules to allow county election boards to seek further information before certifying election results. The new rules also came after the members reportedly held an official meeting in July with little notice and no publicly posted agenda or livestream.
In Carr’s view, however, the complaints fall short of the formality the law requires.
“While the phrase ‘formal charges’ remains undefined in the statute, it appears fairly obvious that the phrase requires something more than ‘informal’ complaints, grievances, or letters,” he wrote.
Carr held that a formal charge must provide due process notice to the official being accused of an ethics violation.
Former President Donald Trump praised Jeffares, Johnston, and King for their efforts at an Aug. 3 rally in Atlanta, describing the board members as “pit bulls fighting for honesty, transparency, and victory.”
