The Georgia Supreme Court debated Wednesday whether the State Election Board went too far when it attempted to pass new voting rules weeks before last year’s election.
The case tests whether the board’s right-wing majority had the power to require election inquiries and hand-counts of ballots without laws passed by the Georgia General Assembly. While a judge’s order stopped those proposals from taking effect, the question remained about the extent of the board’s power.
Justices on the state’s highest court on Wednesday often interrupted attorneys to ask whether the State Election Board has the authority to create new policies.
“It does seem that some of these rules … look a lot like sort of setting up their own mini set of laws that govern that aren’t connected to anything in the code,” said Justice Andrew Pinson during oral arguments held at the Booth Western Art Museum in Cartersville.
Justice Sarah Hawkins Warren said separation of powers between branches of government are “a big deal.”
“The exact question that is trying to be answered here is, is this permissible? Does this exceed authority?” Warren asked.