New Georgia rules let local boards withhold election certification

The new rule essentially makes the certification of election results discretionary, said Democratic state representative Sam Park at a press conference outside of the hearing room at the Georgia capitol.

Debate on the rule centered on how much power state law and court precedent grants to the state board of elections to set rules for local boards. Georgia supreme court case law describes the role of elections supervisors as ministerial with little discretion to declare a vote valid or invalid, said Nikhel Sus, deputy chief counsel at Citizens for Responsibility and Ethics in Washington DC.

Board members in support of the rule say that local elections supervisors are required to sign an affidavit declaring that the results of an election are accurate and correct, and that rules should permit elections boards the power to determine the truth of that statement for themselves.

The rule is likely to draw an immediate legal challenge so close to an election.