CNN
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Democrats, backed by Kamala Harris’ presidential campaign, filed a lawsuit Monday seeking to block controversial new voting rules in Georgia that they say could lead to post-election “chaos” in the key presidential contest state in November.
The lawsuit, filed in Georgia state court by the Democratic National Committee, the Democratic Party of Georgia and Democratic members of several county election boards, targets two rules recently adopted by the Georgia State Election Board that allow election officials to conduct a “reasonable investigation” before certifying election results and allow members of county election boards to investigate ballot counts.
The lawsuit marks a significant escalation of a controversy that has simmered for weeks over the actions of three Republican members of the state’s election board, who recently won praise from former President Donald Trump for their actions.
Trump lost Georgia by just over 10,000 votes in 2020, and it was at the center of his attempt to overturn the election with allegations of voter fraud, though none were found.
Democrats are seeking a court ruling that makes clear that election superintendents do not have the discretion to delay certifying election results or refuse to certify them altogether.
They are asking the court to declare that “unless otherwise provided by a valid court order, the election superintendents must certify the results of the November 5, 2024 election no later than 5:00 p.m. on November 12, 2024.”
The complaint cites several cases involving Georgia elections to argue that “Georgia law has long treated the certification of elections as non-discretionary.”
“If election officials have concerns about possible election irregularities, they are free to raise those concerns at the time of certification, so that they can be considered and adjudicated by judges in any subsequent election,” the complaint states. “But they cannot use those election irregularities (or anything else) as grounds to delay certification or deny it altogether. Absent a valid court order, certification by the deadline is mandatory.”
Certification is the official confirmation of the voting results. It is a mandatory step in the voting process and is a final check to verify the results with the Secretary of State.
Typically, the five-member electoral council is tasked with ministerial duties ahead of elections, but recent partisan appointees have pushed the limits of the council’s power.
The three new, relatively unknown Republicans, who were appointed to the council this year by the state legislature and the Georgia GOP, were thrust into the spotlight after Trump mentioned them by name at one of his recent rallies in Atlanta.
The mention of Trump raised red flags for critics of the new board who believe Republican members of the state’s election board are working — officially or unofficially — to appease the former president who made Georgia a target of his false claim of massive voter fraud.
“This is about protecting all voters,” Republican Party board member Janelle King said in an interview with CNN earlier this month. “I’m making sure I do the right thing. I appreciate the president’s support, but I’m not working on behalf of anyone.”
Georgia Democrats and voting rights advocates are calling on Republican Gov. Brian Kemp to investigate Republicans on the state’s election board. And last week, Democratic state Sen. Nabilah Islam Parkes filed a formal state ethics complaint alleging that election board members Janelle King, Rick Jeffares and Dr. Janice Johnston violated state law by pushing the rule changes so close to the general election.
“The state election board does not exist to help Republicans win elections or to enrich its members,” state Sen. Islam Parkes said.
This story has been updated with additional details.
CNN’s Nick Valencia and Mounira Elsamra contributed to this report.
