A judge has halted a new rule mandating that Georgia Election Day ballots be counted by hand after voting ends. This decision follows another ruling by the same judge, which required county election officials to certify election results by the legal deadline. The State Election Board recently enacted a rule stipulating that three poll workers must manually count paper ballots after the polls close. Cobb County, located in Atlanta’s suburbs, filed a lawsuit seeking to invalidate this rule and five others, arguing that they exceed the state board’s authority, were not adopted in accordance with the law, and are unreasonable.
In a ruling on Tuesday, Fulton County Superior Court Judge Robert McBurney stated that the hand count rule is “too much, too late” and blocked its enforcement while the case’s merits are considered. Earlier, McBurney ruled that no election superintendent or board member could refuse to certify election results under any circumstance. He emphasized that while inspection and review of election conduct are permissible, any delay in receiving such information does not justify refusing to certify results.
Georgia law mandates that county election superintendents certify results by 5 p.m. on the Monday following an election, or the Tuesday if Monday is a holiday. These rulings are seen as victories for Democrats, liberal voting rights groups, and legal experts who fear that allies of former President Donald Trump might refuse to certify results if he loses to Vice President Kamala Harris in the upcoming election. They also argue that new rules enacted by the Trump-endorsed majority on the State Election Board could be used to delay or stop certification, thereby undermining public confidence in the results.
In blocking the hand count rule, McBurney noted the lack of guidelines or training tools for its implementation and the Secretary of State’s assertion that the rule was passed too late for meaningful training or support. Additionally, no provisions were made in county election budgets for additional personnel or expenses related to the rule. McBurney emphasized that the administrative chaos resulting from the rule is inconsistent with ensuring fair, legal, and orderly elections.
During a hearing, Robert Thomas, a lawyer for the State Election Board, argued that the process is not complicated and would only take extra minutes, not hours, to complete. He also suggested that memory cards from scanners could be sent to the tabulation center during the hand count, ensuring that results reporting is not delayed. Democratic groups and the Harris campaign celebrated McBurney’s ruling, viewing it as a victory against efforts to delay election results and sow doubt in the outcome.
The certification ruling arose from a lawsuit filed by Julie Adams, a Republican member of the Fulton County election board. Adams sought a declaration that her duties were discretionary and that she had “full access” to election materials. Certification of election results, once an administrative task attracting little attention, has become politicized since Trump’s attempt to overturn his 2020 loss to Joe Biden. Republicans in several swing states, including Adams, have refused to certify results this year, and some have sued to avoid being forced to sign off on election outcomes.
Adams’ lawsuit, backed by the Trump-aligned America First Policy Institute, argued that county election board members have the discretion to reject certification. Her lawyers also argued that county officials could certify results without including certain ballots if they suspect issues. Judge McBurney ruled that Georgia law does not grant county officials the authority to determine fraud or systemic error; instead, concerns about fraud should be noted and shared with appropriate authorities, but not used as a basis to decline certification.
The Democratic National Committee and the Democratic Party of Georgia joined the lawsuit as defendants with the support of the Harris campaign, which called the ruling a “major legal win.” Adams stated that McBurney’s ruling clarified that she and other county officials “cannot be barred from access to elections in their counties.” A series of election rules passed by the State Election Board since August has led to numerous lawsuits. McBurney previously heard challenges to two certification-related rules brought by the state and national Democratic parties. Another Fulton County judge is set to hear arguments in two rule challenges, and separate challenges are pending in at least two other counties.
