“Georgia high court rejects election board’s rules for hand counts and inquiries”

AJC:

The State Election Board exceeded its authority by passing new voting rules last year, the Georgia Supreme Court unanimously ruled Tuesday, limiting the Republican-led board’s power.

The 96-page decision upholds a lower court decision last year that invalidated rules that would have required hand counts of ballots and election inquiries.

The board’s efforts to change Georgia’s voting rules before the presidential election attracted national controversy, highlighting attempts to alter procedures that could affect vote counts.

“Although it is not certain that these rules would actually lead to the rejection of votes that have been cast, the threatened violation of a plaintiff’s rights is sufficient to establish standing” that they were able to sue, wrote Chief Justice Nels Peterson. “The SEB can pass rules to implement and enforce the election code, but it cannot go beyond, change or contradict the (the law).”

The Supreme Court ruling restricts the State Election Board from creating voting policies, without the support of laws approved by the Georgia General Assembly.

The court found that four of the board’s rules weren’t allowed by Georgia law, including a hand count of the number of ballots cast and a “reasonable inquiry” before certifying results.

While striking down those rules, the justices found that another rule requiring ballot drop boxes to be removed from use if they’re not under constant surveillance is legal. Two other rules dealing with poll watcher access and daily reporting of vote counts must be reconsidered by a lower court.

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