The Georgia State Election Board enacted a disputed rule on Friday mandating that all voting precincts in the state perform hand-counts of ballots and verify these counts align with the machine tallies before finalizing election results.

This rule has drawn bipartisan backlash from critics, who argue it could delay election results and create opportunities for misinformation and challenges to the true outcome of elections.

Brad Raffensperger, Georgia’s Republican Secretary of State, expressed concerns in a statement on August 15, indicating that hand-counting at polling places threatens the integrity of ballots and could lead to serious delays.

“Prompt reporting of results is essential to maintaining voter trust in Georgia’s election process. Delays can result in a cycle of misinformation,” Raffensperger remarked.

Proponents of the rule argue that it will enhance public trust in the accuracy of election outcomes, and it does not alter the existing deadline for all counties in Georgia to certify their results by November 12.

“This regulation ensures the integrity of the ballot chain of custody on election night, preventing any potential loss of ballots,” explained board member Janice Johnston, who supported the measure, during a public meeting of the board on Monday.

Former President Donald Trump has acknowledged the three Republican board members who endorsed these last-minute adjustments, referring to them as “pit bulls” in the pursuit of “victory.”

Trump’s backing, given his repeated unfounded claims regarding the 2020 election outcome, has intensified focus on the board’s decisions.

The board members did not provide immediate comments on Monday, but King previously mentioned to YSL News that she aims to uphold fairness and ensure that Georgia voters maintain confidence in their election processes.

Here are essential details regarding the board’s latest election controversy:

What are the consequences if the hand-counting is incomplete by the deadline?

The hand-counting rule stipulates that three individuals in each of Georgia’s voting precincts—of which there are approximately 2,400—must manually count the ballots, grouping them in sets of 50. The tallies from these hand counts must correspond with each other and also with the machine-generated counts. In cases of discrepancies, the poll manager is expected to rectify the issues “if possible” and document them.

It’s unclear what the implications would be if local precincts fail to complete the hand counts and verify that their tallies align with the machine results before the certification deadline. The regulation merely states that this process “must be completed within the designated county certification period.”

When questioned about the consequences of counties not certifying results on time, Raffensperger’s office reiterated that under Georgia law, the certification deadline is November 12, and he expects all counties to adhere to this timeline.

Raffensperger faces his own deadline for certifying statewide election results—November 22. Following this, Georgia’s governor must confirm the state’s presidential electors. If any certification complications arise, the issue may be settled in court, which would determine the electors sent to Congress ahead of the national counting scheduled for January 6.

In a Monday article for Lawfare, Anna Bower indicated that it is possible there could be no significant delays at the local level due to the new rule. She pointed out that some states, like Illinois, manage to hand-count ballots promptly, and nothing in the new regulation explicitly prohibits Georgia counties from reporting machine-counted vote results before finishing the hand count.

Kim Wyman, a Republican who was Washington’s Secretary of State from 2013 to 2021, previously shared with YSL News that errors in hand-counting are to be anticipated, particularly after extended periods of work.

“People tend to struggle with repetitive, monotonous tasks,” she commented. “That’s why much of our modern life is automated, and counting ballots is a prime example of this.”

What have election officials expressed regarding the new rule?

A large number of election officials in Georgia have voiced their opposition to the new rule.

The Georgia Association of Voter Registration and Election Officials, which consists of over 500 nonpartisan officials and staff members, attempted to persuade the three board members to reconsider before the vote on Friday. In a letter dated September 17, the group stated that implementing the hand-counting rule might cause delays in results, put undue pressure on exhausted employees, and weaken public trust in the election outcomes.

Brad Raffensperger also reiterated his concerns about the hand-counting plan just hours before the vote. During an election forum on Thursday, he criticized major changes to election processes occurring within 90 days of an election, arguing that “the more components you have, the greater the risk of failure.”

Chris Carr, the Republican Attorney General of Georgia, cautioned the board in a letter that the hand-counting proposal might violate the law since the state legislature has not authorized the board to mandate hand-counting of ballots.

Carr further pointed out that establishing new election rules so close to the election date, like those on the agenda for September 20, is typically discouraged.

On the other hand, Julie Adams, a Republican member of Atlanta’s Fulton County Election Board who previously refused to certify results for the May primary election, supported the new rule during the board’s meeting on Friday, likening it to a bank teller confirming the cash total.
“A machine counts the money, the teller counts it manually to verify it’s $1,000, and you will also double-check to ensure it adds up to $1,000,” she explained.

Board member Janice Johnston described the backlash as “an irrational and widespread panic” during the Monday board meeting. She specifically countered the claim that the hand-counting regulation and recent new rules from the board could justify not certifying the election results.
“This couldn’t be further from the truth,” Johnston asserted. “I want to reassure every Democrat, member of other parties, and the citizens of Georgia that these regulations are designed to prevent last-minute surprises regarding the count, audit, or recount results.”

Will the new regulation be enforced in November?

The debate surrounding the hand-counting rule may become irrelevant by Election Day, as a court might choose to invalidate it.

According to Bower at Lawfare, there is a significant possibility that the hand count rule may not hold up in court and will not be in effect when the election occurs. She referenced a legal review from Chris Carr’s office suggesting that the rule could be unlawful.

The Georgia Democratic Party and the Democratic National Committee have not responded promptly to inquiries about whether they plan to contest the new rule legally. Nevertheless, they have previously contested some actions by the board.

These two Democratic groups are currently preparing for a trial on October 1 due to a lawsuit they, along with others, filed in late August concerning two rules implemented by the election board that month.

One of the rules mandates county election boards to perform a “reasonable inquiry” before certifying results, and the other permits local election officials to scrutinize election-related documents prior to certification. Democrats are urging a judge to clarify that the certification deadline for Georgia counties on November 12 must be adhered to, irrespective of these regulations.

In a statement released on Friday, Democratic National Committee Chair Jaime Harrison criticized the hand-counting regulation as “an eleventh-hour maneuver by Donald Trump and his associates to delay ballot counting, so they can attack and undermine any results they find unfavorable.” He did not indicate whether the committee intends to file a lawsuit.