By Brooke Mallory, OAN Staff
Wednesday, August 7, 2024 3:55 PM
In Georgia, the State Election Commission implemented new rules that allow local election boards to refuse to certify votes if there are apparent discrepancies.
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The five-member board approved the resolution by a vote of 3 to 2. The three board members who supported the resolution, Dr. Janice Johnson, Rick Jefferies and Janelle King, were mentioned by Donald Trump at a campaign rally in Atlanta, Georgia, three days earlier.
The restrictions were proposed by Michael Heekin, a Republican appointee to the Fulton Board of Elections. If discrepancies are discovered during voting, the local board is required by law to launch a “reasonable investigation” and has the power to withhold certification until the investigation is completed. But what constitutes a “reasonable investigation” is unclear.
At a news conference outside a hearing room at the Georgia Capitol, Democratic state Rep. Sam Park argued that the new rules give the certification of election results de facto discretion.
“This is a MAGA certification rule and it is in direct conflict with Georgia law, which says in multiple places that local elections officials must perform their duties, meaning their service is mandatory, not optional,” Park said angrily.
A major theme of the debate over the rules has been the extent to which state law and case precedent give the state elections board the power to set rules for local boards. The elections board’s power to declare votes legal or invalid is limited by its ministerial duties, as outlined in Georgia Supreme Court precedent, said Nikelle Sass, deputy chief counsel for the Citizens for Responsibility and Ethics Association in Washington, D.C.
“This is contrary to Georgia law and exceeds this court’s rule-making authority,” Sass said.
“Nickel previously served as a trial attorney in the Department of Justice’s Civil Division, Federal Programs Section, and as a counsel at the law firm WilmerHale.” Just Security He stated.
According to the law, district attorneys, courts and other agencies must investigate voting disagreements to resolve them.
Committee members in favor of the rule argue that because local election commissions must certify the accuracy and correctness of election results, the rule should give them the power to independently verify this information.
But the new rules come so close to the election and are expected to face legal challenges.
“By upholding this rule, we’re saying that 90 days before an election is not enough time,” said Democratic board member Sarah Tyndall Ghazal.
After Ghazal’s remarks, King, a Republican board member, responded, “I think by supporting this rule, we’re saying we’re supporting the people who have to sign legal documents stating that this information is accurate, and we’re ensuring that they have what they need to comply with those legal documents.”
The new rules will take effect in 20 days, but can be challenged in court.
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