Confusion and ambiguity erupt regarding the proper scope of authority of local Georgia election boards. This matters because the local election board certifies a vote, which determines the validity of the vote. Georgia’s state board of elections “adopted new rules for local election boards that permit them to withhold the certification of a vote in the face of unspecified discrepancies.”
The new rules were the result of “a Republican-led move that could cause uncertainty and confusion after future election days.” As reported, the five-person board passed the measure in a 3-2 vote. “The three board members who voted for it – Dr Janice Johnson, Rick Jeffares and Janelle King – were praised by name three days ago by Donald Trump at an Atlanta campaign rally.”
The rule was proposed by “Michael Heekin, a Republican-appointee to the Fulton election board who refused to certify the presidential primary earlier this year.” Reporting describes the rule to require local boards to initiate a “reasonable inquiry” when “discrepancies emerge at a poll.” The rules give the power to withhold certification until that inquiry was completed. The rules “do not define the term reasonable inquiry, nor do they establish strict limitations on the breadth of an inquiry.”
Democratic state representative Sam Park at a press conference outside of the hearing room at the Georgia capitol found the rules to be deficient. Park stated: “The new rule essentially makes the certification of election results discretionary.” Park elaborated, asserting a partisan perspective: “These are Maga certification rules, and they’re in direct conflict with Georgia law.” Local election boards should perform “their mandatory duties,” Park asserted. He did not explain if a mandatory duty had discretionary components.
