A judge in Georgia has invalidated several new election rules, including requirements for a “reasonable inquiry” before elections are certified, hand-counting ballots on election night, and more access for partisan poll watchers.
Fulton County Superior Court Judge Thomas Cox Jr. declared the rules on Wednesday “illegal, unconstitutional and void” after the rules were passed by the State Election Board’s Republican majority.
Cox said that the politically appointed officials overstepped their authority in setting election procedures when elected representatives have the power to do so.
“The Georgia Constitution provides that only the General Assembly may provide for a law for a procedure whereby returns of all elections by the people are made to the Secretary of State,” Cox wrote in his 11-page order. “The Election Code accomplishes this and the SEB has no authority to legislate otherwise.”
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An attorney representing Republicans opposing the rules matched the judge’s observation.
“Three members of the State Election Board, kind of like Napoleon, they put a crown on their head and said, ‘We are the emperors of elections.’ That is not the way our system of government works,” Chris Anulewicz said. “The State Election Board cannot play in this space, and yet they did it anyway.”
This is a breaking news story and will be updated.