Democrats want a judge to block the Georgia State Election Board's newly passed requirement for counties to hand-count ballots cast on Election Day, arguing that the eleventh-hour move is unlawful and that it could cause "chaos" in the battleground state.
The board's controversial 3-2 vote this month “changes the rules of the game in the ninth inning,” read the suit, which was filed by the Democratic National Committee and the Democratic Party of Georgia, with support from Vice President Kamala Harris’ campaign.
“In sum, the Hand Count Rule is contrary to the Election Code, exceeds the Board’s rulemaking authority” and “violates foundational limits on agencies that are intended to avoid precisely the scenario here—an unelected body unilaterally making significant changes to the law without notice or explanation,” the suit says.
“To protect the sanctity of the state’s laws and to prevent election night chaos, this Court should declare that the Hand Count Rule exceeds SEB’s statutory authority and enjoin that rule from going into effect,” it adds.
The move, which was approved by three board members who’ve been praised by former President Donald Trump, has faced bipartisan opposition, some of it from Georgia's Republican secretary of state and attorney general, who questioned the rule's legality.
The rule requires election workers to count the number of ballots — not every vote on a ballot — cast on Election Day before they are delivered to the county for counting and tabulation, sparking concerns it could unnecessarily delay the reporting of results.
DNC acting co-executive director Monica Guardiola said in a statement, “This rule is nothing more than a blatant attempt by Donald Trump and his MAGA lackeys on the Georgia State Election Board to cast doubt on our elections and undermine the outcome."
Harris' principal deputy campaign manager, Quentin Fulks, said, "We agree with Georgia’s Republican attorney general and secretary of state: This rule is unproductive and unlawful, and we are fighting it."
Trump has repeatedly praised the three board members who passed the measure, saying they're “pit bulls fighting for honesty, transparency and victory.”
The three members — Janice Johnston, Rick Jeffares and Janelle King — didn't immediately respond to requests for comment. Johnson was appointed to the board by the state Republican Party, while Jeffares was appointed by the Republican-controlled state Senate and King by the GOP-led state House.
The two members who voted against the measure were appointed by the state's Republican governor, Brian Kemp, and the state Democratic Party.
The suit is the second Democrats have filed against the board in recent weeks.
In August, Democrats sued over new election rules supported by the three pro-Trump members that critics say conflict with state law mandating certification of election results.
The rules would allow county election board members to conduct “reasonable” inquiries before they certify results. Opponents argue those rules could cause chaos, as well, because “reasonable inquiry” isn’t defined, allowing an individual board member to block certification for any reason.
That case is set to go to trial before a Fulton County judge Tuesday.
