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Jimmy Williams
In a significant legal decision, the Georgia Supreme Court on Tuesday rejected a Republican bid to immediately reinstate recently passed election rules that were ruled invalid by a lower court. The rules, passed by the State Election Board, were declared “illegal, unconstitutional, and void” by Fulton County Superior Court Judge Thomas Cox last week.
The Republican National Committee and the Georgia Republican Party had appealed Cox’s ruling, seeking expedited handling and a stay of the decision while the appeal was pending. However, the state’s highest court declined to expedite the case or pause Cox’s ruling. The Supreme Court stated that the case would “proceed in the ordinary course,” meaning it could take months before a final ruling is reached.
The contested rules include several that have drawn significant attention, such as a provision requiring three poll workers to hand-count ballots after polls close, as well as rules related to the certification of county election results.
Republicans on the State Election Board passed these rules in August and September over the objections of the board’s lone Democrat and nonpartisan chair. The moves sparked at least six lawsuits challenging the legality of the new regulations, citing concerns that they could disrupt the upcoming general election and undermine public confidence in the results.
Democrats had raised concerns that the rules could be used by Trump supporters to slow down or obstruct the certification of election results, particularly if Trump were to lose the presidential race to Democratic Vice President Kamala Harris. They celebrated Cox’s ruling as a victory for election integrity, citing the potential chaos the rules could cause so close to Election Day.
“We are glad the court has decided not to expedite this case,” said a spokesperson for the Georgia Democratic Party. “These rules were unnecessary and would only have added confusion for poll workers and voters alike.”
Despite internal divisions within the GOP, including opposition from Georgia’s Secretary of State Brad Raffensperger, the Republican Party has broadly supported the new rules, claiming they would enhance transparency and accountability in the state’s elections.
Scot Turner, a former Republican state representative and leader of the group Eternal Vigilance Action, which filed the lawsuit, expressed relief at the court’s decision. “I hate fighting my friends,” Turner said. “It’s unfortunate that the Republican Party seems to have lost its commitment to defending constitutional principles like the separation of powers.”
The Supreme Court’s decision comes just weeks before the November general election, prompting concerns among election officials over the potential confusion the new rules could have caused. Some counties had already expressed difficulties in training poll workers on the new rules in such a short timeframe.
Earlier this month, Fulton County Superior Court Judge Robert McBurney had also temporarily blocked one of the more controversial rules, which would have required hand-counting ballots, stating that implementing it so close to the election would cause chaos.
The Republicans’ push to reinstate the rules comes amid continued legal battles over election procedures across the U.S. in the wake of former President Donald Trump’s 2020 defeat. Cox’s ruling not only invalidated the rules but also ordered the State Election Board to immediately inform all state and local election officials that they should not follow the voided regulations.
The court’s decision sets the stage for ongoing legal battles, which could stretch well beyond this year’s election season.
