ACLU of Georgia Issues Statement In Response to State Election Board Certification Rule

ATLANTA — The ACLU of Georgia is deeply disappointed by the decision of the State Election Board to open the door to conspiracy theorists by upholding Rule 183-1-12-.02 and issues the following statement:

“The majority on the State Election Board has created the opportunity for county board members to either delay or fail to certify based solely on speculation, rumor, or their own political preferences. We want to remind county boards that certifying election results is an administrative task. Doing anything more than this is an overreach by county boards and beyond the scope of their authority. By passing this petition, the State Election Board is setting a precedent that it is acceptable to make substantial changes to our election rules just 90 days before an election.” — Andrea Young, Executive Director, ACLU of Georgia

Read our full comments to the board here.

Background:

The Georgia code requires county boards (or the probate judge if a county does not have a Board of Elections) to certify that county’s election results by 5 p.m. on the Monday after an election. The statute requiring county-level certification uses the directive that the boards “shall” certify. The Georgia Supreme Court has found that where the legislature uses the word “shall,” a duty is essentially administrative, and there is no discretion available to counties to choose not to do so. If a board finds evidence of fraud, they should direct all of that evidence to the county’s district attorney for further investigation and prosecution. Georgia law does not contemplate any other action by an elections superintendent. Certifying election results by a county is an administrative task. Doing anything more than this is an overreach by county boards and beyond the scope of their authority.