Trump Allies’ Contentious Election Regulations Maintains Block By the Georgia Supreme Court

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The Georgia Supreme Court ruled Tuesday against Republicans who sought to resurrect a set of contentious new election laws imposed by Donald Trump’s supporters as early voting began in the crucial battleground state, refusing to let the state election board to enforce them.

For Democrats and others who have brought numerous lawsuits against the rules, claiming the board exceeded its authority when it passed them, the order is a major victory.

One of the seven rules would allow county election officials to “examine all election related documentation created during the conduct of elections prior to certification of results,” and another would require them to perform a “reasonable inquiry” into election results before certifying them.

Other rules would have mandated that officials manually count the number of ballots cast at each polling station on election day, increased the number of areas to poll watchers, can access and required after-hour video surveillance of drop boxes at early voting locations.

High early voter turnout in the 2024 election has been observed in Georgia, a state whose 16 electoral votes are critical for both Trump and Democratic vice presidential candidate Kamala Harris. Twenty-five percent of the state’s active voters have already cast ballots, according to state election administrator Gabriel Sterling on Tuesday.

The conservative-majority court’s unanimous decision was technical; rather than justices did not rule on the legality of the seven rules, the justices chose not to halt a lower court judge’s ruling last week that invalidated them.

The State Election Board cannot direct local election officials to follow the rules while a legal challenge to them is pending before the highest court in Georgia, according to the order. Additionally, it ensures that current election cycle won’t be impacted by the restrictions.

Additionally, on Tuesday, the court denied the Republicans’ request that the justices expedite their examination of the rules. “In the ordinary course,” the order stated, the court would hear the case.

Eternal Vigilance Action, an electoral advocacy group, filed the lawsuit. Fulton County Superior Court Judge Thomas Cox sided with them last week, ruling that the seven rules “are illegal, unconstitutional, and void” because the State Election Board lacked the legal jurisdiction to enact them in the first place.

The Georgia Republican Party and the Republican National Committee, which intervened in the case to defend the rules, appealed the ruling to the state Supreme Court and later asked for the justices to step in on an emergency basis to revive the rules.

Republicans’ lawyers told the court last week that the court’s decision on the stay issue effectively decides whether the new rules will apply to early voting and possibly the 2024 election altogether.

The court maintained the rules blocked, according to Eternal Vigilance Action’s lawyers, who stated that allowing the rules go into force so soon before the election “will only sow greater confusion among voters and the local officials tasked with accurately tabulating their votes.”

The executive director of Eternal Vigilance Action and a former Republican state legislator, Scot Turner, stated on Tuesday that the court victories this week and last “should erase any doubt about the merits of our arguments” against the rules.

“This is a conservative policy organization, and I’m a Republican. In a statement, he added, “I don’t like to fight my friends, but in this case, loyalty to the Georgia Constitution demands it.” “True conservatives are against giving authority to an administrative state that that’s not directly accountable to voters. This is yet another victory for the principle that the people’s elected constitutional officers have the power to make law.”

Later on Tuesday, Democratic Party of Georgia communications director Dave Hoffman, Democratic National Committee quick response director Alex Floyd, and Harris campaign spokesperson Charles Lutvak all celebrated the ruling in a joint statement.

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“Today’s ruling means millions more Georgians will be able to vote knowing that Trump won’t be able to interfere with the election results when he loses again, after more than 1 million Georgians have already done so,” the statement stated.

Democrats warned that if the restrictions were let to go into effect this year, some of them will cause “chaos” in Georgia after the election. In separate challenges, state and national Democratic attorneys have claimed that the “examination” and “reasonable inquiry” rules, for instance, may permit local election officials to postpone or refuse to certify the election results.

Judge Robert McBurney of Fulton County Superior Court temporarily halted the ballot hand count rule last week in a separate challenge, stating that the “administrative chaos” it would create “is entirely inconsistent with the obligations of our boards of elections (and the SEB) to ensure that our elections are fair, legal, and orderly.”

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