In a late-Wednesday ruling , Judge Thomas A. Cox Jr. struck down seven new rules from the board, including a controversial ballot hand-count rule that another judge had already temporarily blocked on Tuesday. Cox ruled that all seven rules recently passed by the board’s Republican majority contradicted the state's election laws and exceeded the state board's authority.
"An administrative agency can only act to implement existing statutory schemes; they hold no authority to create new requirements or otherwise expand their own authority," Cox wrote.
Members of the state election board didn't immediately respond to a request for comment. Lawyers for Eternal Vigilance Action Inc., a conservative advocacy group that sued to challenge the rules' constitutionality, also didn't immediately respond to a comment request.
On Tuesday, after the ballot hand-count rule was temporarily halted by a different judge, state board member Janelle King said in a statement that "sometimes the victory lies in the public knowing that the State Election Board is paying close attention to our election process."
Hand-count rule 'vastly expands the authority and obligations of poll officials'
The hand-count rule would have required thousands of Georgia poll workers to unseal ballot boxes and hand count the ballots, verifying that the totals match tallies produced by machines and working to correct any discrepancies. Studies have found that hand counts are slower and less accurate than machine counts.
Georgia Republican Secretary of State Brad Raffensperger warned the ballot hand-count rule in particular could lead to "error, lost or stolen ballots, and fraud." More broadly, he described a raft of election changes from the state board as "a mess."
The Georgia Association of Voter Registration and Election Officials, a nonpartisan group with more than 500 officials and staff, had also warned the ballot hand-count rule could undermine public confidence in the election and "set fatigued employees up for failure."
Election Day is weeks away. Sign up for USA TODAY's On Politics newsletter for more updates.
In his Wednesday decision, Cox described the rule's hand-count process as "cumbersome," and said Georgia election laws that spell out poll officer duties once polls close don't call for hand counting.
"In fact, the rule vastly expands the authority and obligations of poll officials in preparing ballots pre-delivery to the superintendents and pre-certification," Cox wrote.
Get updates delivered to you daily. Free and customizable.
It’s essential to note our commitment to transparency:
Our Terms of Use acknowledge that our services may not always be error-free, and our Community Standards emphasize our discretion in enforcing policies. As a platform hosting over 100,000 pieces of content published daily, we cannot pre-vet content, but we strive to foster a dynamic environment for free expression and robust discourse through safety guardrails of human and AI moderation.