The Georgia State Election Board (SEB) passed a series of rules clarifying that county election board members have the right to make a “reasonable inquiry” into elections before certifying the results. Another rule clarifies board members are entitled to review election-related material as part of their inquiry. But the Democratic National Committee (DNC), alongside Georgia Democrats, filed a lawsuit Monday over the rules, essentially demanding the courts force county election officials to rubber-stamp elections without any questions asked.
The SEB recently passed a rule (Rule 183-1-12-.02) clarifying that county election boards can fulfill their certification responsibility “after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”
The SEB also approved another amendment last week (Rule 183-1-12-.12), which, in part, requires county boards to make available “all election related documentation created during the conduct of elections prior to certification of results.”
But a lawsuit lodged Monday night by the DNC essentially argues that certifying an election is ministerial — meaning board members must effectively rubber-stamp election results despite their concerns — rather than discretionary — meaning board members can evaluate election administration before they certify the results.
“Courts across the country have expressly acknowledged that giving election officials the discretion to refuse certification would both threaten to disenfranchise voters and ‘create [] opportunities for election fraud’ on the part of those officials,” the suit states.
The DNC suit alleges
