Georgia: Democrats sue Republicans to block new election certification rules

CNN
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With the backing of Kamala Harris' presidential campaign, Democrats filed a lawsuit Monday seeking to block Georgia's controversial new voting rules, warning they could lead to post-election “chaos” in the battleground state in November.

The lawsuit, filed in Georgia state court by the Democratic National Committee, the Democratic Party of Georgia and Democratic members of several county election boards, targets two rules recently passed by the Georgia State Board of Elections that allow election officials to conduct a “reasonable investigation” before certifying election results and allow members of county election boards to investigate vote counts.

The lawsuit represents a significant escalation of a controversy that has been simmering for weeks over the actions of three Republican members of the state election board, who recently received praise for their actions from former President Donald Trump.

Georgia was lost to Trump in 2020 by just over 10,000 votes and was at the center of his attempt to overturn the election by alleging voter fraud, although none was found.

Democrats are seeking a court ruling that makes it clear that election officials do not have the discretion to delay certification of election results or to refuse to certify the results altogether.

They ask the court to declare that “the returning officers must certify the results of the election of 5 November 2024 no later than 12 November 2024 at 5:00 p.m., unless a valid court order provides otherwise.”

The complaint cites several cases related to Georgia elections to argue that “election certification has long been viewed as nondiscretionary under Georgia law.”

“If election officials have concerns about possible election irregularities, they are free to raise those concerns at the time of certification so that they can be considered and adjudicated by the judges in each subsequent election,” the lawsuit states. “However, they may not cite those election irregularities (or anything else) as a reason for delaying or denying certification. Without a valid court order, certification within the deadline is imperative.”

Certification is the official confirmation of election results. It is a mandatory part of the electoral process and serves as the final check to confirm the results with the Secretary of State's office.

The five-member State Election Committee is normally given ministerial responsibilities in the run-up to elections, but recent appointees by party politicians have exhausted the committee's powers.

The three new, relatively unknown Republicans appointed to the board this year by the state legislature and the Georgia Republican Party came into the spotlight after Trump mentioned them by name at one of his recent rallies in Atlanta.

Trump's mention has raised alarm among critics of the new panel, who are convinced that Republican members of the state's electoral college are working – officially or unofficially – to appease the former president, who made Georgia the target of his false claims of massive voter fraud.

“It's about protecting all voters,” GOP board member Janelle King said in an interview with CNN earlier this month. “I'm making sure I do the right thing. I'm grateful for the president's support, but I'm not working on behalf of anyone.”

Georgia Democrats and voting rights activists are calling on Republican Gov. Brian Kemp to investigate Republicans on the state election board. And last week, Democratic Senator Nabilah Islam Parkes filed a formal ethics complaint with the state, alleging that Board of Elections members Janelle King, Rick Jeffares and Dr. Janice Johnston violated state law by enforcing the rule changes so close to the general election.

“The State Board of Elections does not exist to help Republicans win elections or enrich its members,” said State Senator Islam Parkes.

This story has been updated with additional details.

CNN's Nick Valencia and Mounira Elsamra contributed to this report.