A Georgia judge has blocked a new rule from the state’s election board that would have required counties to manually count ballots cast on Election Day, a measure critics argued would cause delays and disrupt the timely reporting of results in the state. The ruling comes from Fulton County Superior Court Judge Robert McBurney, who stated that implementing the rule so close to the election would lead to “administrative chaos” due to the limited time available for training poll workers.
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In his written decision, McBurney noted that halting the rule is in the public’s interest, citing the volatile political climate, especially following the events of January 6. He emphasized that adding more uncertainty to the election process would not serve the public well. The judge’s temporary injunction is a victory for those opposing the rule, primarily Democrats, who had filed the lawsuit after the State Election Board approved the hand-counting rule last month by a 3-2 vote. The rule was set to take effect on October 22, just two weeks before Election Day.
The now-blocked rule would have required election workers to count the total number of ballots — not every individual vote on a ballot — cast on November 5 before delivering them to the county for counting and tabulation. This sparked concerns that the hand-counting requirement would delay the reporting of election results and potentially create uncertainty in a critical state for the presidential election.
The rule was supported by three board members who have been praised by former President Donald Trump. However, it faced opposition from both Democrats and Republican state officials, including the secretary of state and attorney general. The legal challenge came shortly after the vote, with the Democratic National Committee and the state’s Democratic Party, backed by Vice President Kamala Harris’ campaign, filing a lawsuit in Fulton County court to prevent the rule from taking effect.
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Democratic leaders celebrated the injunction, describing the blocked rule as an attempt to delay election results and undermine confidence in the outcome. In a joint statement, leaders from Harris’ campaign, the Democratic National Committee, and the Democratic Party of Georgia highlighted that the decision would ensure voters could cast their ballots knowing their votes would be counted fairly and promptly.
Hand-counting ballots has become a focus of interest for some conservative groups in response to unproven claims about voting machine fraud. Despite these concerns, multiple studies have shown that hand-counting ballots is both more costly and less accurate than using electronic tabulators. Georgia, in particular, has been a focal point of Trump’s baseless allegations that the 2020 presidential election was stolen. The three board members who voted for the rule — Janice Johnston, Rick Jeffares, and Janelle King — have been lauded by Trump for their actions, with the former president praising them as fighters for election integrity.
Johnston was appointed by the state Republican Party, while Jeffares was appointed by the state Senate, and King by the state House, both of which are controlled by Republicans. On the other hand, the two board members who voted against the measure were appointed by Republican Governor Brian Kemp and the state Democratic Party.
This is not the first time Georgia’s election board has made controversial decisions. In August, the same board members passed rules allowing county election board members to conduct “reasonable” inquiries before certifying results. Critics argue that this rule could lead to election chaos, as “reasonable inquiry” is not clearly defined, giving individual board members the power to block certification for arbitrary reasons. This measure is also the subject of a lawsuit led by Democrats.
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Additionally, on the same day as the ruling, McBurney handed another defeat to Trump allies by ruling that county election boards in Georgia do not have the authority to refuse certification of election results, a decision that could have significant implications for future elections.
the decision to temporarily block the hand-counting rule is a significant development in the ongoing battle over election laws in Georgia, with both sides preparing for further legal challenges. The case highlights the deep divisions in the state over election procedures, especially in the wake of heightened tensions and claims regarding election integrity from the 2020 election.
