Georgia’s Election Rule Changes Could Impact 2024 Presidential Results

Local election officials in key swing states are gaining more influence as the 2024 election approaches, raising concerns among some legal experts who fear attempts to delay certifying results to favor Republican candidates.

Following the 2020 presidential election, where former President Trump falsely claimed the election was rigged, local election offices, typically responsible for clerical tasks, are now revealing potential challenges that could arise in 2024.

In Georgia, recent last-minute rule changes by the state election board—a group consisting of three Republicans, one Democrat, and a nonpartisan chair—have alarmed citizens and officials. They worry that the state’s election results could easily become chaotic.

Similar issues have occurred in Michigan and Nevada, where there have been attempts to reject certain election results. In Arizona, a local county supervisor is suing to have ballots counted by hand instead of by machines.

We’re seeing more organized efforts by election deniers going into this election, said Uzoma Nkwonta, a partner at Elias Law Group, a firm helping Vice President Harris’s campaign with election litigation.

In Georgia, the state board now requires local boards to conduct a reasonable inquiry before certifying election results, which critics warn could cause delays. The board also decided that investigations must be conducted if discrepancies are found at a precinct, leaving the board to determine how to correct any errors.

Georgia Secretary of State Brad Raffensperger, a Republican, has criticized these new rules as an 11th-hour effort to impose new activist rulemaking.” He emphasized that refusing to certify election results is unlawful and that counties must certify results by November 12.

Trump has praised the board’s three Republicans for their actions, calling them “pit bulls fighting for honesty, transparency, and victory.

During a recent virtual meeting, about 850 people attended to voice their concerns over the new rules. Election workers, voters, and the Democratic Party of Georgia argued that the changes are excessive and too late to implement. Some participants had to be muted due to their interruptions.

This board has wasted time and taxpayer money on reopening settled issues, said Allison Prendergast, a Gwinnett County voter.

Kathy Boockvar, a former Pennsylvania election official, expressed concerns about the changes, pointing out that both state and local officials agree the new rules are a bad idea.

With less than 75 days until Election Day, these changes add new challenges to an election that has already been planned under regular threats. Former Washington Secretary of State Kim Wyman called the changes “disruptive and challenging” and noted that they add new rules without providing the necessary resources to implement them.

High-profile conservative activists supported the proposed rules during the meeting, including Harry MacDougald, a lawyer for a Trump ally, and Hans von Spakovsky from the Heritage Foundation, who argued that the changes are about good governance, not politics.

Boockvar and Wyman warned that these changes could delay the certification of the presidential election, affecting the entire election process. They questioned the potential impact on Georgia and other states if deadlines are missed.

The battle over election certifications has already played out in recent elections in key swing states like Arizona, where GOP board members in two counties tried to delay certifying their 2022 vote results. In Michigan and Nevada, there have also been cases of delayed certification, leading to legal battles.

As the election approaches, these certification issues are expected to continue, raising concerns about their potential impact on the election process.