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Georgia Supreme Court declines effort to reinstate invalid election rules



Drew Meetze | U. Ottawa Faculty of Law, CA


October 23, 2024 06:02:17 pm




















The Georgia Supreme Court on Tuesday unanimously declined to hear an expedited appeal and emergency supersedeas filed by the intervenors, including the Republican National Committee (RNC), following last week’s lower court order declaring new state election rules void.Fulton County Superior Court Judge Thomas Cox issued the order, declaring the new Georgia State Election Board (SEB) rules “illegal, unconstitutional, and void” and that they exceeded or conflicted with the state’s election code. The case was brought by Eternal Vigilance Action (EVA), a non-profit organization supporting liberty and justice, against the State of Georgia.Seven new election rules SEB introduced are at issue in this case, including a “reasonable inquiry rule” that requires a superintendent to “certify” the election results. Another rule would require absentee ballot voters to provide signatures and photo IDs when returning their ballots.Following Judge Cox’s order declaring the rules void, the RNC released a statement, criticizing the judge as “exemplify[ying] the very worst of judicial activism.” Scot Turner, the executive director of EVA, wrote on X that the decision is a “significant pushback on an unelected board making law.”The RNC filed a notice of appeal a day after the order and swiftly filed an emergency motion for expedited review at the state’s highest court, arguing the appeal should be heard in time for the November federal election. The court ultimately declined, leaving the rules off the table for this election cycle. The court’s decision means the RNC’s appeal will be heard in the ordinary course of the court’s docket.In a separate, but similar case, SEB’s new hand-counting rule was temporarily suspended last week in a decision handed down by Fulton County Superior Court Judge Robert McBurney. The new rule could require poll managers and two sworn poll officers to independently hand-count all paper ballots across the state. The constitutionality of the rule will be heard at a later date and the hand-count rule will also not be part of this November’s election.


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>  The Georgia Supreme Court unanimously declined to hear an expedited appeal and emergency supersedeas filed by the intervenors, including the Republican National Committee (RNC) on Tuesday, following last week’s lower court order declaring new state election rules void.