Georgia's State Election Board has approved a controversial new rule that will require hand-counting of ballots cast on Election Day in November 2024. This decision has significant implications for the upcoming election:
Key Changes
The new rule mandates that poll workers at each precinct manually count the number of paper ballots in every ballot box and compare it to the total provided by the ballot scanner. This process will involve:
Opening ballot boxes after polls close
Manually tallying ballots
Comparing hand counts to machine counts
Requiring agreement among three poll officers on the total
Potential Impacts
Delayed Results: Many election officials and experts warn this change could significantly delay the reporting of results on election night and in subsequent days. Manual counts are typically slower and less reliable than machine tabulations.Increased Workload: Poll workers will face additional tasks at the end of a long Election Day, potentially leading to fatigue and errors.Budget Concerns: Some counties may need to allocate extra funding to compensate poll workers for the additional hours required.Confusion and Training Issues: The late implementation of this rule (just weeks before the election) may create confusion, as many counties have already trained their poll workers.
Controversy and Opposition
The rule was passed by a 3-2 vote, with opposition from:
Georgia's Republican Secretary of State
Georgia's Republican Attorney General
Numerous local election officials
The state's Democratic party
Critics argue that the rule change may exceed the board's legal authority and could potentially violate existing election statutes.
Proponents' Arguments
Supporters of the rule, including some Republican board members, claim it will:
Enhance election integrity and transparency
Prevent post-election disputes and audit requests
Catch any discrepancies early in the process
As Georgia is expected to be a crucial battleground state in the 2024 election, the implementation and effects of this new rule will likely be closely watched nationwide.
Constitutional and Statutory Concerns
Exceeding Authority: The Georgia Attorney General's office has warned that the rule likely exceeds the State Election Board's legal authority. Senior Assistant Attorney General Elizabeth Young stated that the proposed regulations "likely surpass the Board's legal authority and may contradict existing election statutes".Conflict with Existing Laws: The rule may be in direct conflict with current Georgia election laws, which could form the basis for a legal challenge.
Procedural Issues
Timing of Implementation: Enacting significant rule changes so close to an election is generally discouraged and could be grounds for a legal challenge. This late implementation may be seen as disruptive to the election process.Lack of Statutory Basis: Young cautioned that these rules are not "tethered to any statute" and may constitute "impermissible legislation that agencies cannot do".
Voting Rights Concerns
Potential for Delays and Errors: Opponents may argue that the hand-counting requirement could lead to delays in reporting results and increase the likelihood of errors, potentially infringing on voters' rights to have their ballots accurately counted and reported in a timely manner.Disparate Impact: If the implementation of hand-counting disproportionately affects certain counties or demographics, it could face challenges under voting rights laws.
Administrative and Logistical Challenges
Burden on Election Officials: The rule imposes additional responsibilities on poll workers without adequate preparation time, which could be seen as an undue burden on the election process.Resource Allocation: Counties may argue that they lack the necessary resources (time, personnel, funding) to implement the new rule effectively, potentially leading to unequal application across the state.
Existing Litigation
The Democratic National Committee, the Democratic Party of Georgia, and several individuals have already initiated legal action against recent rule changes by the same board members. This new hand-counting rule may be incorporated into existing litigation or spark additional lawsuits.Given these potential legal issues, it's likely that the hand-counting rule will face judicial scrutiny before or immediately after its implementation in the November 2024 election.
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