ATLANTA — The State Election board voted to require hand counting of ballots at every polling precinct in the state, even though their legal counsel at the Attorney General’s office warned that the new rule likely violates Georgia law.
“It’s an opinion, and I respect the opinion. But an opinion doesn’t mean that we have to take it,” Election Board Member Janelle King told Channel 2 investigative reporter Justin Gray after the vote.
“This board is not here to make law,” countered Election Board Chairman John Fervier.
Before taking the vote count, he warned board members they would be going against the counsel of both the Secretary of State and Attorney General.
“I believe that this is not supported by statute. This board is an administrative body, it is not a legislative body,” Fervier said.
The rule requiring hand counting passed by the same 3 to 2 votes as a series of other controversial decisions in recent months.
Those three GOP members were appointed by the General Assembly. The lone Democratic member Sara Tindall Ghazal, and Fervier, appointed by Gov. Brian Kemp, voted against it.
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“You might get it wrong the first time, counting 49 instead of 50. But you do it again until you get it right. It’s easy,” said board member Janice Johnston.
However, a series of county election directors took to the podium to express concerns about the burden of the new rule so close to election day.
They also said it would slow down the tabulation of results on election night.
“The first ballots are out the door, the election has officially begun,” said Cobb County Election Director Tate Fall.
“The idea that you’re not going to listen to the individuals that are charged with conducting elections is absurd to me,” said Douglas County Election Director Milton Kidd.
But board member Johnston dismissed those concerns.
“The hue and cry about how late it is to be adopting a rule, I don’t buy,” Johnston said.
And board member King said she would rather be accurate than fast.
“I can guarantee as a voter I would rather wait another hour to guarantee the count is accurate,” King said.
Channel 2 Action News was the first to obtain the letter from the Attorney General’s office warning the Election Board that passing the ballot counting rule and others likely violates state law and their authority.
The AG’s office wrote: “These proposed rules are not tethered to any statute—and are, therefore, likely the precise type of impermissible legislation that. Agencies cannot do.”
“They want our counties to fail on Election Day so that they can point to if there’s an election result that they do not like and they can say, hey, look, the election was stolen, there was fraud,” said DeKalb County state Rep. Saira Draper.
The board deferred a vote on another proposed rule that would have required a hand count of absentee ballots.
“Attorney General Chris Carr has stated that these rules would not withstand a legal challenge, and I have worked every day to strengthen Georgia’s election law to ensure our elections remain safe, secure, and free,” Secretary of State Brad Raffensperger said in a statement Friday.
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