Georgia Supreme Court rejects changes sought by Trump-aligned board ahead of 2024 election
Members of Georgia's State Election Board sit during a Sept. 23 meeting at the Georgia state capitol in Atlanta. Ross Williams/Georgia Recorder (file photo)
The Georgia Supreme Court has permanently blocked four rules the State Election Board approved last fall, concluding Tuesday that members of the board exceeded their authority in attempting to implement rules that went beyond the scope of Georgia's election laws.
A total of seven rules were approved by the Republican-led board ahead of the 2024 general election, with supporters claiming that the changes were necessary to ensure accuracy and restore public confidence in Georgia's election integrity.
If enacted, the rules would have ordered poll workers to hand count all ballots cast on election day, made it easier for local election officials to delay certifying election results and required family members and caregivers to present a photo ID when dropping off absentee ballots on behalf of another voter, among other changes. Election officials and voting rights groups opposed the rules, arguing that last-minute changes could sow confusion and doubt into the election process, and that implementing the new rules would violate Georgia's election laws.
Last October, the Georgia Republican Party and Republican National Committee filed an emergency motion urging the state Supreme Court to reinstate the rules ahead of the general election, but the court declined to expedite their appeal.
In a 96-page opinion, Chief Justice Nels Peterson upheld most of the Fulton County Superior Court's ruling, declaring that the State Election Board 'can pass rules to implement and enforce the Election Code, but it cannot go beyond, change, or contradict' existing Georgia law. The October ruling from Judge Thomas A. Cox Jr. argued that the seven rules were 'illegal, unconstitutional and void,' and that the State Election Board had exceeded its authority by passing them.
However, in a slight reversal of the lower court ruling, the state Supreme Court allowed a rule mandating video surveillance of ballot drop boxes to take effect, finding that the rule was consistent with current election laws.
Two other rules that would have expanded mandatory poll-watching areas and required election workers to publicly post daily totals of early and absentee voters were sent back to the Fulton County Superior Court for further consideration.
The State Election Board is tasked with writing rules to ensure that elections run smoothly and hearing complaints about alleged violations. The three most conservative members of the Republican-led board — Janice Johnston, former state Sen. Rick Jeffares and Janelle King — made national headlines last fall after approving seven election rules in spite of Attorney General Chris Carr's warnings that the changes likely would not stand up in court. Then-presidential candidate Donald Trump also praised King, Jeffares and Johnston during a campaign rally in Atlanta for supporting changes to election certification rules, calling them 'pit bulls' for 'victory.'
State Election Board Chairman John Fervier did not respond to a request for comment on the Supreme Court's ruling.
The ACLU of Georgia, which helped represent the plaintiffs, applauded Tuesday's ruling.
'This is a resounding affirmation of voters' rights,' said Theresa Lee, a senior staff attorney at the ACLU Voting Rights Project. 'The court recognized what we've argued all along — that this rule was unlawful and entirely unnecessary. Today's decision safeguards not just the letter of Georgia election law, but the democratic principle that every vote must be counted accurately and without interference.'
Eternal Vigilance Action, a conservative election advocacy organization that sued the State Election Board over the rule changes, also celebrated the ruling.
'This ruling makes clear: the legislative power belongs to the General Assembly, not executive agencies operating without proper constraints,' Eternal Vigilance Action founder and former Republican state Rep. Scot Turner said in a statement.
As new election laws passed in 2024 begin to take effect, including a ban on the use of QR codes to tabulate ballots, the board will likely continue to draft rules to guide local election officials tasked with implementing the changes. However, this year the board is workshopping changes to the rulemaking process in the hopes of avoiding a repeat of the chaos that defined the 2024 election cycle.
During a May meeting, state election board members discussed the possibility of forming a rules committee with election directors, legislators, Georgia residents, and election law attorneys. Rules would be vetted by the committee before being presented to the full board.
Senior reporter Stanley Dunlap contributed to this report.
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