RNC Appeals Georgia Judge’s Ruling That Invalidates 7 Election Rules

“The court here declares that these rules are illegal, unconstitutional and void,” Fulton County Superior Court Judge Thomas Cox ruled earlier this week.
RNC Appeals Georgia Judge’s Ruling That Invalidates 7 Election Rules
An election worker processes absentee ballots in Atlanta on Nov. 2, 2020. Megan Varner/Getty Images
Jack Phillips
Updated:

Republicans on Thursday appealed a Georgia judge’s ruling from earlier this week, which declared seven election rules recently passed by Georgia’s State Election Board to be unconstitutional.

In a petition, the Republican National Committee (RNC) and the Georgia Republican Party asked a higher state court to overturn a ruling by Fulton County Superior Court Judge Thomas Cox, who on Wednesday stated that the State Election Board did not have the authority to pass the rules and ordered it to immediately inform all state and local election officials that the rules are void.

The RNC said in a statement it appealed the order “to ensure commonsense rules are in place for the election.”
Cox rejected State Election Board rules that included requiring ballots to be hand-counted by precinct after polls close, a rule that would have mandated local election officials to verify the accuracy of the results before the election is certified, and a rule that would have allowed county board members to review election-related documents before the results are certified.

Another rule struck down by Cox would have mandated voters to provide both a signature and photo identification when using a drop box for mail-in voting.

The lawsuit against the rules was filed by the Eternal Vigilance Action, an organization founded and led by former state Rep. Scot Turner, a Republican. It argued that the board overstepped its bounds by issuing the rules.

“This is a victory for the Constitution and the principle of separation of powers,” Turner wrote in a post on social media platform X after the judge’s order. “Every conservative should see this as a win and significant pushback on an unelected board making law.”

Democrats and voting rights organizations welcomed Cox’s ruling as a victory. County election officials from around the state have also voiced concerns over the flood of new rules taking effect so close to Election Day.

Other rules that Cox declared illegal and unconstitutional include those that require someone delivering an absentee ballot in person to provide both a signature and photo ID, mandate video surveillance and recording of ballot drop boxes after polls close during early voting, expand the designated areas where partisan poll watchers can stand at tabulation centers, and require daily public updates of the number of votes cast during early voting.

“The court here declares that these rules are illegal, unconstitutional and void,” Cox wrote in Wednesday’s order.

Supporters of the hand-count rules argued the count would take extra minutes, not hours. They also noted that scanner memory cards with vote tallies could be sent to county offices while the hand count is completed so reporting of results wouldn’t be slowed.

Supporters of the rules around certifying an election argued they are necessary to ensure the accuracy of the vote totals before county election officials sign off on them. Critics, including county election officials, said the rules could be used to delay or deny certification.

“Any last-minute changes to the rules risk undermining the public’s trust in the electoral process and place undue pressure on the individuals responsible for managing the polls and administering the election,” the president of the Georgia Association of Voter Registration and Election Officials (GAVREO), W. Travis Doss Jr, said in a statement last month. “This could ultimately lead to errors or delays in voting, which is the last thing anyone wants.”

Another Fulton County judge, Robert McBurney, ruled on Oct. 14 that election officials must certify election results by the statutory deadline regardless of claimed irregularities or suspected fraud in the 2024 election, which will be held on Nov. 5.
This week, early voting has started in Georgia, considered a key battleground state in the 2024 presidential election. State election officials have said that early voters are casting ballots at record levels, with more than 600,000 tallied so far.
The Associated Press contributed to this report.
Jack Phillips
Jack Phillips
Breaking News Reporter
Jack Phillips is a breaking news reporter who covers a range of topics, including politics, U.S., and health news. A father of two, Jack grew up in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5
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