Despite caution from prominent GOP state officials, Georgia's election authority insists on conducting a manual recount of ballots.
The decision was 3-2, with the three supporters being loyalists of former President Trump, while a Democratic representative and an independent GOP appointee on the board strongly opposed it, labeling it an unnecessary step that could potentially delay the outcome of the presidential election in this pivotal state.
The Georgia Attorney General's Office, led by Republican Chris Carr, previously advised the GOP-controlled board that this action was likely unlawful given that state regulations do not authorize local election workers to manually count votes prior to the official tally.
"These proposed regulations lack any legal basis – making them the exact kind of unauthorized legislation that agencies cannot enact," stated the Attorney General's Office in a memo.
The office also warned the board that it might be too close to the election for such modifications – and that judges might even prevent these modifications due to established precedents advocating for maintaining the current state on the eve of the election.
"The Board faces a significant risk of encroaching upon the Georgia Legislature's constitutional authority to legislate. When such encroachment occurs, the Board's regulation is likely to be deemed invalid should it be challenged," Elizabeth Young, a senior attorney in the Attorney General's Office, cautioned the board in a letter on Thursday, urging them to avoid exceeding their authority.
Specifically, Young pointed out that several of the proposals to broaden poll watcher roles and change mail-in ballot procedures are "very likely" to be deemed invalid in court if challenged. She also highlighted that the board's contentious proposal to boost hand-counting of ballots lacks any legal basis and would likely amount to an unlawful action by the board.
These concerns mirror those raised by Georgia Secretary of State Brad Raffensperger, who has in the past criticized the GOP-majority board as a "mess."
"We're approaching the election too quickly," Raffensperger, a Republican, informed CNN on Thursday. "We're 50 days away from our election. In fact, we're only three weeks away from the beginning of early voting, and it's simply too late in the cycle."
The transformation of the election board in one of the 2024 election's most vital battleground states underscores how certain Republicans, who have cast doubt on the 2020 presidential election results, have now assumed prominent roles in crafting election rules and, in some areas, overseeing elections.
Janelle King, a Republican member of the state election board, who was praised by former President Trump last month, argued before the meeting that the changes are necessary.
"Unfortunately, a few problematic apples, a few errors here and there, or even double-counting result in the overall accomplishments of many of our election offices being overshadowed," King said. "So the question is whether we maintain the existing system, which is simpler, or if we make some adjustments to enhance our performance."
A Raffensperger lawyer sent a scathing two-page letter to the State Election Board earlier this week, claiming that new rules are impossible given that many poll workers have already completed their training.
Early voting in Georgia commences on October 15. If new regulations are adopted, the earliest they could take effect would be October 14, which is just 22 days before the General Election.
The election board was previously headed by Georgia's secretary of state. But following 2020, Trump attempted to overturn his defeat in the Peach State, urging Raffensperger to "find" the needed votes to secure victory. Raffensperger refused, leading the GOP-controlled state legislature to remove the secretary as a board member.
The Georgia election board does not certify any election results. However, it establishes regulations that guide election administrators and the local boards that certify results before they are forwarded to the secretary of state and then the governor. The state election board also investigates election irregularities.
CNN's Sara Murray and Mounira Elsamra contributed to this report.
This story is developing and will be updated.
The Georgia Attorney General's Office firmly believed that the proposed regulations were unlawful and lacked legal basis, potentially leading to their invalidation if challenged in court. The ongoing politics surrounding election rules in Georgia have resulted in certain Republicans assuming key roles in crafting these rules and overseeing elections.
