State Election Board Mandates Hand Counting of Ballots Amid Legal Concerns and Controversy in Georgia

Atlanta Sees Controversial Move by State Election Board to Require Hand Counting of Ballots

ATLANTA — In a surprising and highly debated decision, the State Election Board has voted to mandate hand counting of ballots at every polling precinct across Georgia. The decision comes despite stern warnings from legal counsel at the Attorney General’s office, which indicated that the new rule likely violates Georgia law.

A Divided Vote

The vote, which fell along predictable lines with a 3-to-2 split, is the latest in a series of contentious decisions that the board has made in recent months. The three GOP board members, appointed by the General Assembly, voted in favor of the rule, while the lone Democratic member, Sara Tindall Ghazal, and Chairman John Fervier, appointed by Governor Brian Kemp, opposed it.

Differing Opinions

Board member Janelle King defended the decision, stating, “It’s an opinion, and I respect the opinion. But an opinion doesn’t mean that we have to take it,” referring to the advice from the Attorney General’s office. Fervier countered, emphasizing, “This board is not here to make law,” and warned that the rule wasn’t supported by statute.

Concern and Criticism

Election directors from several counties voiced strong concerns about the feasibility and timing of the new rule. “The first ballots are out the door, the election has officially begun,” said Cobb County Election Director Tate Fall, emphasizing the burden of introducing such a significant change so close to election day. Milton Kidd, Douglas County Election Director, echoed these sentiments, calling it “absurd” not to heed the advice of those who administer elections.

Board member King, however, dismissed the timing concerns, asserting, “The hue and cry about how late it is to be adopting a rule, I don’t buy,” and added that accuracy takes precedence over speed. “I can guarantee as a voter I would rather wait another hour to guarantee the count is accurate,” she said.

Legal Challenges Ahead?

Documents obtained reveal that the Attorney General’s office had written a letter advising the Election Board that the new hand counting rule, among others, could likely be seen as impermissible legislation from an administrative body, making it vulnerable to legal challenges. The letter stated: “These proposed rules are not tethered to any statute—and are, therefore, likely the precise type of impermissible legislation that agencies cannot do.”

Secretary of State Brad Raffensperger concurred with this assessment, remarking, “Attorney General Chris Carr has stated that these rules would not withstand a legal challenge,” and reinforced his commitment to ensuring that Georgia’s election laws are robust and lawful.

Political Tensions Rising

State Representative Saira Draper from DeKalb County provided a critical lens on the matter, arguing that the intention behind the rule could be questionable. She opined, “They want our counties to fail on Election Day so that they can point to if there’s an election result that they do not like and say, hey, look, the election was stolen, there was fraud.”

Next Steps

While the rule requiring hand counting of in-person ballots passed, the board deferred a vote on a similar proposal for absentee ballots. The tension between different members of the board, legal advisories, and logistical concerns sets the stage for a potentially complex and contentious election period.