Georgia Republicans are already bracing for a potential “litigation minefield” after Election Day.
“Of course, in the case of a close election, we need to be prepared to consider a recount,” Georgia Republican Party Chairman Josh McCoon said.
The former Peach State lawmaker spoke to FOX News Digital on Thursday following a series of legal setbacks against the Republican-led State Election Board (SEB).
On Tuesday, Fulton County Superior Court Judge Robert McBurney ruled that after the machine tabulation of Election Day ballots in Georgia's election districts, three county employees would hand count them to ensure the totals matched. temporarily blocked new rules requiring
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Georgia Republican Party Chairman Josh McCoon (bottom right) spoke to Fox News Digital about the legal battle over the election. (Getty Images/Fox News Digital)
The next day, Fulton County Superior Court Judge Thomas A. Cox Jr. ruled that the bill and several other provisions passed by the SEB were “illegal, unconstitutional, and void.”
Regarding McBurney's ruling, McCoon said, “We think he's completely wrong when it comes to the counting rules, and we intend to appeal that ruling.'' He praised another ruling that recognized that “people have the right to know election-related information.” before the authentication process.
He said the Georgia Republican Party has already filed an emergency appeal of Cox's ruling.
“His decision was wrong. I think it lacked a reasonable legal basis,” Makoun said. “If his decision is upheld, it will significantly reduce the State Board of Elections’ ability to regulate elections and carry out its mission.”
Democratic critics of the new SEB rule accused Republican lawmakers who voted for it of trying to sow doubt and confusion into Georgia's election process. Republican skeptics, including Secretary of State Brad Raffensperger, argue that the policy is impossible to implement so close to the election.
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But Republican leaders like Mr. McCune argue that these guardrails are necessary to ensure voter confidence, and that their absence fosters uncertainty.
“These rules are intended to increase public confidence and reduce post-election confusion surrounding electoral contests and potential recounts. Therefore, without these rules in place, close elections could be It's a minefield of litigation like what we saw in 2020,” Makoun said. “And no one wants that.”

Fulton County Superior Court Judge Robert McBurney temporarily blocked the hand-counting voting rule. (AP Photo/John Bazemore, File)
But he suggested Republicans are starting to prepare for that possibility.
“Right now, I believe President Trump will win Georgia. I think he will win by a large margin, so we won't go into litigation mode,” McCune said. “But obviously, while we strive for the best outcome, we also have to prepare for the worst.”
“So we've put a legal team in place, and we're certainly ready to handle any post-election legal process that you'll go through in case it's a close election. , we're preparing for that and we're ready if that happens.'' ”
Lawsuits in battleground states, both before and after elections, are not a new phenomenon for either party. The traditionally red state supported President Biden by less than 1% of Georgia voters in 2020, surprising election observers. There was no finding of fraud by Georgia officials or courts, but allies of former President Donald Trump questioned the validity of the results and vowed to close exploitable gaps in the election system.
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Democrats have accused Republicans of trying to manipulate the legal system to their advantage, citing a lack of substantiated evidence of wrongdoing.

Vice President Kamala Harris is also fighting hard for votes in Georgia. (AP/Jacqueline Martin)
In Tuesday's ruling, McBurney temporarily blocked implementation of hand-counted voting rules following a lawsuit by the Cobb County Board of Elections. He judged that the lack of an implementation plan for the bill was likely to do more harm than good to ensuring smooth elections, saying, “The timing of its passage means that its current implementation is quite wrong.'' ” he wrote.
Cox's ruling also invalidates that measure, instructing county officials to conduct a “reasonable investigation” before certifying election results, and requiring county officials to “conduct any documents created during the conduct of the election.” It also rescinded rules that gave it the power to “inspect all election-related documents.”
Additionally, Cox blocked new signature and photo ID requirements for people dropping off absentee ballots on behalf of others.
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In the second lawsuit, civil rights groups and some current and former Republican state officials argued that SEB had no constitutional right to implement such a measure.
Defendants, including the Georgia Republican Party, unsuccessfully lobbied the state Legislature to give SEB leeway to create such rules.
The rule was passed last month on a 3-2 vote by Trump-supporting Republicans on the election board.


