ATLANTA (AP) 鈥� Four years ago, was at the center of former President 鈥檚 attempts to overturn his loss to Democrat . Democrats worry that Trump is at it again, even before the first votes have been cast.
Many Democrats in the crucial swing state believe Trump-aligned Republicans are laying the groundwork for another attempt to undermine the vote should the GOP nominee narrowly lose in November, this time by manipulating election rules.
The turmoil springs from a earlier this year by Trump allies after Republican lawmakers , who had resisted Trump鈥檚 efforts to subvert the election in 2020, off the panel. The new majority that have alarmed Democrats, legal experts and democracy advocates.
One provides for an undefined 鈥渞easonable inquiry鈥� before county election officials certify results, while another allows county election officials 鈥渢o examine all election related documentation created during the conduct of elections.鈥� Critics say those new rules could be used by county officials who want to refuse certification, likely igniting a legal firestorm at a time when the statewide results would need to be certified.
State Rep. , an Atlanta Democrat who was Joe Biden鈥檚 state director of voter protection in 2020, said hindering a final statewide tally may not even be Republicans鈥� main goal.
鈥淚t鈥檚 not about whether they鈥檙e successful in stopping certification,鈥� she said. 鈥淚t鈥檚 about injecting enough confusion to the process that you have a significant segment of the population that will not accept the results. I think they鈥檙e going to meet that goal regardless of what these judicial opinions say.鈥�
Despite widespread criticism, the board has proposed nearly a dozen additional rules it is scheduled to consider when it meets again on Friday.
The controversy playing out in Georgia has national implications, since the presidential race is expected to be narrowly decided by voters there and in six other swing states. Disrupting certification of election results, a once routine process that Trump politicized through his , could hinder states' ability to meet deadlines for their electoral votes to be counted.
But some legal experts say the doomsday scenario of Republican-dominated local election boards refusing to certify vote counts and preventing Georgia from certifying its totals by an early December deadline remains improbable. That鈥檚 because state law and court precedent firmly state that county officials can鈥檛 unilaterally discard votes and 鈥渟hall certify鈥� by deadlines written into state law, no matter how much local board members might distrust their results.
鈥淭here is no wiggle room for local certifying officials to take matters into their own hands,鈥� said Lauren Miller Karalunas, a legal historian at New York University鈥檚 Brennan Center. 鈥淭heir only duty during certification is to sign off on the completeness of the results.鈥�
The state board has no direct role in determining election results, but instead writes rules to ensure that elections run smoothly and hears complaints about violations.
Growing Democratic anxiety over the board majority and its actions mushroomed after Trump praised the majority members by name during an Aug. 3 , calling them 鈥減it bulls fighting for honesty, transparency and victory.鈥�
Trump's focus on the administrative board shows how battles over voting and ballot-counting are a tool that both major parties use to motivate voters in Georgia. Many Democrats say protecting the right to vote is a key issue that particularly motivates Black voters. But it's also a driver for Republicans, with state Republican Party Chairman praising the takeover of the board in May. He later emailed proposed rules to board members and others, including an election integrity adviser at the RNC.
Many of the rules come from grassroots Republicans linked to a national web of election integrity advocates connected to lawyer Cleta Mitchell, who was on a call Trump made in January 2021 urging Republican Secretary of State Brad Raffensperger to help him 鈥渇ind鈥� the votes needed to overturn his loss in Georgia.
鈥淔orces undermining the security of our elections argue that counties must certify election results no matter what -- even if they are fraudulent and illegitimate,鈥� the RNC said in a statement last month. 鈥淭he Establishment is fighting hard against these rules because they want to keep election systems that are easy to manipulate, with no transparency and no checks in place to prevent cheating.鈥�
To be clear, there was in Georgia鈥檚 2020 elections. While Atlanta's Fulton County has admitted double-scanning some ballots during a 2020 recount, those errors if anything benefitted Trump. Georgia's votes for president were , including one by hand, and each affirmed Democrat Joe Biden鈥檚 win. Recounts, and in the other where also clearly .
In a lawsuit seeking to declare the rules invalid, Democrats argue the state election board exceeded its legal authority. A trial is set for Oct. 1. A conservative group led by a former Republican state lawmaker also has filed a lawsuit saying the board is improperly using rules to encroach on the Legislature鈥檚 authority to make laws.
Opponents of the board's majority also are trying to get Republican Gov. to remove the three Trump-aligned members, alleging ethics violations. The governor so far hasn't acted.
With less than two months until Election Day and mail ballots already going out to military and overseas voters, it's too late for new rules. The Georgia Association of Voter Registration and Election Officials has been repeatedly critical of many of the proposed changes, saying they provide little benefit, duplicate efforts of already-required procedures or invite local boards to refuse to certify results.
Karen Glenn, an election official in Butts County, located south of Atlanta, said she thought it was 鈥渧ery irresponsible鈥� for the board to be pushing new rules on counties as local governments prepare for an election that could see record turnout.
鈥淲e have a lot to do to prepare, so to implement a new rule right now, we have to stop, learn that,鈥� Glenn said in an interview at a training meeting for election officials last month. 鈥淚t鈥檚 just too close. It could lead to mistakes, and we don鈥檛 want to make mistakes. We already have low public confidence as is, so that only hurts us.鈥�
Some Republicans argue that county election boards can decline to certify election results. A Republican-appointed Fulton County board member is asking a judge to affirm that position in a lawsuit. But court decisions in Georgia and nationwide say officials can't refuse.
"That has been asked and answered hundreds and hundreds of times over more than a century,鈥� said Karalunas of the Brennan Center.
Certifying Georgia鈥檚 statewide vote in November is the job of Raffensperger and Kemp, not the State Election Board. Raffensperger, a Republican, has repeatedly signaled he will push counties to comply and called their duty to certify 鈥渧ery clear and black-letter law.鈥�
鈥淲e fully expect them to do their job.鈥� he said.
Jeff Amy And Kate Brumback, The Associated Press
