The Democratic National Committee, along with the Democratic Party of Georgia, initiated legal action on Monday to prevent the implementation of a contested rule that mandates hand-counting of ballots in the forthcoming presidential election in Georgia.

This rule was approved by three Republican members of the election board on September 20, despite opposition from their two fellow board members and warnings from Republican Attorney General Chris Carr.

The new requirement dictates that in each of Georgia’s 2,400 voting precincts, three different individuals must conduct a hand count of ballots before the deadline to certify election results. The hand counters are expected to reach the same totals, which must also align with the results generated by voting machines. If discrepancies arise, a poll manager is tasked with resolving them and documenting the corrections as necessary.

The lawsuit argues, “Allowing the Hand Count Rule to take effect will disrupt the order and uniformity of the general election, leading to significant delays in vote total reporting in larger counties,” and “election officials will find it challenging to adopt new procedures so close to the election.”

The Democratic lawsuit also contends that the hand-counting requirement endangers the security of ballots.

Members of the state election board, who have been commended by former President Donald Trump as “pit bulls fighting for honesty, transparency, and victory,” have not yet responded to media inquiries, and the Attorney General has also remained silent.

Proponents of the rule argue that it will enhance public trust in the election outcomes and state that the requirement for counties to certify their results by November 12 remains unchanged.

“These regulations will ensure that there are no missing ballots on election night,” stated Janice Johnston, one of the board members supporting the rule, during a public meeting held on September 24.

In a correspondence to the board prior to its vote on September 20, Attorney General Carr expressed that the state legislature had not given the board the legal authority to implement such a rule. He also noted that changing election rules so close to the election date is generally inadvisable.

Secretary of State Raffensperger also recommended against the hand-count rule, labeling several last-minute changes made by the board as “a mess.”

What action are Democrats seeking from the courts?

The Democratic Party is claiming that the hand-count rule violates Georgia’s election statutes, oversteps the authority of the election board, and breaches established agency power limits.

“The Hand Count Rule is manifestly improper, prompting both Georgia’s top elections official and chief law enforcement officer to voice their opposition before its adoption,” the Democrats stated in their lawsuit.

Democrats are seeking a ruling from a Fulton County trial court in Atlanta to declare that the rule overreaches the board’s powers and prevent its implementation.

In a statement supporting the lawsuit, Quentin Fulks, Principal Deputy Campaign Manager for Harris-Walz, emphasized, “Democrats are intervening to ensure that Georgia voters can cast their votes with confidence that they will be counted accurately in a fair election.”

Moreover, Democrats have previously filed a lawsuit against the board regarding two rules enacted in August, one demanding county election boards to perform a “reasonable inquiry” prior to certifying results, and the other permitting local election officials to review election documentation before certification. This case is scheduled to go to trial in front of a judge on Tuesday.