Democrats File Lawsuit to Block Georgia’s New Election Rule Mandating Hand Count of Ballots
National and Georgia state Democrats filed a lawsuit on Monday to overturn a regulation adopted by the Georgia State Election Board ten days ago that would necessitate hand counting of ballots in the November election.
“The rule violates Georgia law for numerous reasons,” the Democratic National Committee and Democratic Party of Georgia stated in their complaint, adding that it might introduce “uncertainty” into the total of votes and postpone the certification of the state’s election results.
The board, which has a freshly elected pro-Trump majority, approved a mandate on Sept. 20 that ballots be counted by hand after machines tallied the results. To guarantee that the tallies match the machine-counted ballot totals, the rule would require three precinct poll managers and poll officers to unseal ballot boxes and count the ballots by hand individually.
In their complaint, Democrats urged a Georgia court to “swiftly block the rule’s implementation before it can go into effect and wreak havoc on the general election.”
In a statement, Quentin Fulks, Vice President Kamala Harris’ principal deputy campaign manager, stated that certain top Georgia Republican officials are opposed to the new hand count regulation. The lawsuit includes comments made by Georgia Attorney General Chris Carr and Secretary of State Brad Raffensperger, who think the new rule is unlikely to withstand judicial scrutiny.
“We agree with Georgia’s Republican Attorney General and Secretary of State: This rule is unproductive and unlawful, and we are fighting it,” he stated. “Democrats are stepping in to ensure that Georgia voters can cast their ballots knowing that they will be counted in a free and fair election.”
Representatives of the Georgia State Election Board did not immediately respond to a request for comment.
Supporters of the ballot-counting rule argue that it will boost public trust in elections by making them more transparent.
Several people spoke to the board earlier this month about the hand-counting regulation, expressing concern that it could lead to additional errors in calculating results. They also discussed the difficulties it would provide for poll workers.
“Asking our election workers to do this on every voting day invites errors,” said Kristin Nabers, state director for the nonpartisan nonprofit All Voting is Local. “I’ve personally witnessed many counties undertake thorough hand counts in the last year. It is common to expect slight errors to occur several times every hour, such as when someone’s count is wrong by one or two, requiring them to count again.
Another woman stood next to Nabers on the podium, holding a large stack of papers. She said that the 1,872 pages reflected what a stack of ballots may look like on counting day. “I have someone helping me hold the stack because I was too worried it would fall on the floor and make a mess,” she told me. “Like, imagine if those were ballots.”
Barbara Gooby, a poll manager from Chatham County, expressed concern that the regulation could lead to confusion, errors, voter insecurity, and lawsuits.
On Monday, Rep. Nikema Williams, chair of the Democratic Party of Georgia, emphasized the involvement of three election board members who, like previous President Donald Trump, questioned the 2020 election results after losing the state.
“Experts and non-partisan officials across Georgia have warned that this eleventh-hour election rule change will inject chaos, confusion and uncertainty into our elections — but that is exactly the outcome that Donald Trump’s three ‘pit bulls’ for ‘victory’ on the State Election Board want,” Williams wrote in a statement to CBS News.
During an Aug. 3 event in Atlanta, Trump recognized the election board members in the audience and thanked them by name, describing Janice Johnston, Rick Jaffares, and Janelle King as “pit bulls” fighting for his cause. He also blasted the other two board members, stating, “We have a couple of other members that aren’t so good.”
A bench trial is expected to begin Tuesday in response to a separate lawsuit filed by Democrats, who allege that two other rules imposed by the board this year — on 3-2 votes — would postpone certification.
One rule allows local county boards in Georgia’s 159 counties to conduct a “reasonable inquiry” before certifying election results. The second rule enables them “to examine all election-related documentation created during the conduct of elections.” It also allows them to ensure that the number of ballots cast matches the number of persons who voted.
The Fulton County district attorney charged Trump and others in his orbit with felonies in August 2023, accusing them of racketeering and other crimes in their attempt to reverse the 2020 presidential election. He has refuted all claims. Many of the charges against Trump have since been dropped.