Two rulings restore calm to Georgia elections rules - for now

Two court rulings in Georgia over the last week have beaten back efforts by Republican activists to empower political challenges to November's election results, though the expected legal fight over the election is far from concluded.

Robert McBurney, a Fulton county superior court judge, ruled on Tuesday that elections officials had a legal obligation to certify an election, leaving disputes over results and allegations of misconduct to investigation by local district attorneys' offices. The ruling rejected the assertion of Trump-aligned attorneys working with Julie Adams, a Republican appointee to the Fulton election board, that board members could exercise their discretion in certification.

A day later, another Fulton county superior court judge, Thomas Cox, issued a stern order after a short hearing, invalidating seven rules made by Georgia's state election board this year. One of the invalidated rules required ballots to be hand-counted on election night. A second allowed elections officials to conduct a poorly defined "reasonable inquiry" into discrepancies before issuing a certification. And a third would have required elections officials to turn over volumes of documents to board members for review before certification.

The rules, passed by a three-person bloc of Trump-aligned members on the five-person board, were "unsupported by Georgia's Election Code and are in fact contrary to the Election Code", according to the ruling, which added that the state election board lacked the authority to create rules that go beyond state law. The ruling sharply limits the power of the state election board to make further rules.

The Georgia Republican party said it would appeal the ruling, while voting rights groups hailed the victory.

"Striking down the state election board's hand-count and other rules is a major win for voters, election integrity and democracy as a whole," Nichola Hines, president of the League of Women Voters of Georgia, a plaintiff in the suit challenging the state election board, said in a statement. "These rules were introduced with bad intentions and aimed at causing chaos in Georgia's secure elections process. The League remains committed to standing up for Georgia voters every step of the way."

The state election board's rule-making put it at odds with many county elections directors, voting rights advocates and the attorney general's office, which advised the board that the rules it was considering would probably be found unconstitutional.