Georgia judge blocks rule requiring clerks to hand count number of ballots
A Georgia judge ruled that a rule to hand count ballots on election night was "too much, too late" to implement for this year's election, just weeks away.
A Georgia judge stopped a planned hand count of ballots on election night, ruling Tuesday that it would create "administrative chaos" if poll workers were required to handle millions of ballots without being trained.
Fulton County Superior Court Judge Robert McBurney found that the controversial rule was "too much, too late" to implement for the 2024 election – which is less than three weeks away.
"The public interest is not disserved by pressing pause here," he wrote in his decision. "This election season is fraught; memories of Jan. 6 have not faded away, regardless of one’s view of that date’s fame or infamy. Anything that adds uncertainty and disorder to the electoral process disserves the public."
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McBurney said in his ruling that his decision was not final and would be further detailed at a later date, but not until after the election.
"Our Boards of Election and Superintendents are statutorily obligated to ensure that elections are ’honestly, efficiently, and uniformly conducted,’" he said. "Failure to comply with statutory obligations such as these can result in investigation by the SEB, suspension or even criminal prosecution."
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The rule, passed by the Republican State Election Board, was set to go into effect Oct. 22, just two weeks before the election, and after early voting in the Peach State is well underway.
The rule, which McBurney temporarily halted, was pushed through in September on a 3-2 vote but prompted a lawsuit filed by Georgia Democratic officials.
The rule would have required precinct poll managers and poll officers to unseal ballot boxes and count the ballots by hand individually to ensure the tallies match the machine-counted ballot totals.
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