How Georgia’s new election rules could lead to disputes over the results

The State Election Board this year approved a series of contentious rules that could lead to disputes over the results.

Former President Donald Trump has praised three board members who voted for the measures and called them “ pit bulls. ” Democrats and some Republicans have blasted the new rules. Secretary of State Brad Raffensperger called the board members “unelected bureaucrats” and denounced some of the proposals .

The board faces several lawsuits , including one led by a former Republican state legislator, that the board has exceeded its authority.

The State Election Board has the authority to make election rules, investigate potential fraud and offer recommendations to lawmakers.

The rules are the latest round in a battle over Trump’s loss in the 2020 election and recounts. Some Republicans raised questions and made allegations of widespread fraud, which have not been proved. Many claims have been discredited, including suspicions that illegal ballots were delivered to drop boxes , fraud was conducted during ballot counting at State Farm Arena and large numbers of ineligible voters participated in the election .

Supporters of the rules say they are needed to ensure every legal vote is counted and officials have the power to investigate potential irregularities. Voting rights advocates oppose the rules, saying they’re vague and would give officials an easy path to oppose or delay certifying an election, which a growing number of local officials have done since 2020.

County election boards are required by law to certify the presidential election one week after Election Day, but a refusal to do so could create disputes over the results, launch court battles and potentially delay final vote counts of who won the election. All legal votes must be counted, according to state and federal laws.

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There are five members on the board. Each is nominated by a different political entity. Since Republicans control state government, there are currently four GOP members and one Democrat.

Gov. Brian Kemp appointed Fervier in January. He is vice president of risk management and security for Waffle House and did not have any election experience before his selection.

The Democratic Party appointed Ghazal in 2021. Before her selection, she led the party’s voting initiatives, including litigation against then-Secretary of State Brian Kemp’s policies . Ghazal also ran for a state House seat in 2020.

The Republican Party chose Johnston for the election board in 2022. She is a retired obstetrician who has also served as a poll worker and absentee ballot monitor, and is a Fulton County election office critic .

The Georgia Senate appointed Jeffares, a former state senator, in January. Democrats accused him of being an election denier , and Jeffares has said he doesn’t know whether the 2020 election was legitimate.

A former deputy state director for the Georgia Republican Party and media personality, she was appointed to the election board in May by Georgia House Speaker Jon Burns.

May 9: The State Election Board begins work on a rule that would require a “reasonable inquiry” before certifying Georgia elections . A Republican county election board member in Fulton County who refused to sign off on this year’s presidential primary, Michael Heekin, made the request.

July 9: The State Election Board advances a proposal to allow local election board members to review troves of documents before they certify this fall’s presidential election.

July 12: Three days later, Republican members of the board hold an impromptu meeting . The board advances proposals to expand access to partisan poll watchers during ballot counting and to require all county election boards to post daily online ballot counts. Before the meeting, the attorney general’s office warned all members of the board the meeting could violate the state’s Open Meetings Act.

July 18: A left-leaning open government group American Oversight files a lawsuit alleging the July 12 meeting was illegal because it was called with just over 24 hours’ notice and wasn’t livestreamed for the public.

July 30: The board unanimously votes to reconsider the votes of that July 12 meeting.

Aug. 6 : Days after Trump praises the three board members, those same members vote to approve the rule that requires an undefined “reasonable inquiry” before certifying results.

Aug. 7: The board’s majority votes to reopen an investigation into Fulton’s 2020 presidential recount. Fervier — Kemp’s appointee — and Ghazal — the Democratic Party’s appointee — vote against both measures.

Aug. 19: The board gives final approval to a rule allowing election board members to examine piles of documents and requiring counties to verify detailed vote counts prior to the deadline for overseas and military ballots. Meanwhile, Georgia Attorney General Chris Carr says the State Election Board cannot order his office to reinvestigate Fulton’s 2020 recount.

Aug. 20: The Georgia Association of Voter Registration and Election Officials calls on the State Election Board to stop changing rules so close to an election . Election officials say they are in the middle of training poll workers and the new rules could lead to confusion and errors.

Aug 21: The Democratic Party challenges the State Election Boards rules in a lawsuit. Kamala Harris’ presidential campaign says is supports the lawsuit.

Sept. 11: Two Republicans -- former Republican state Rep. Scot Turner and Chatham County election board member James Hall -- file a lawsuit against the State Election Board . They say the board has exceeded its authority and some of the new rules are unconstitutional.

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