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In a decision that has sent shockwaves through Georgia’s political landscape, Fulton County Superior Court Judge Thomas Cox struck down seven key election rules established by the Georgia State Election Board (SEB). The ruling, delivered just weeks before the 2024 election, nullifies several measures designed to enhance election security, citing them as “illegal, unconstitutional, and void.”
The SEB rules, which were put in place in response to concerns over election integrity, required measures such as hand-counting ballots, signature verification for absentee ballots, and video surveillance of ballot drop boxes. These rules were introduced to ensure transparency and security in the election process, particularly around absentee ballots. However, Judge Cox’s ruling has effectively dismantled these efforts, sparking controversy and raising concerns about the potential impact on the upcoming election.
The case was brought forward by Eternal Vigilance Action, Inc., a conservative group, along with two Republicans: former state representative Scot Turner and Chatham County election board member James Hall. The plaintiffs argued that the SEB had overstepped its legal authority by implementing rules that exceeded the boundaries set by Georgia’s Election Code. They contended that these rules not only violated state law but also created unnecessary barriers to the voting process.
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Judge Cox agreed with the plaintiffs, ruling that the SEB lacked the authority to enforce these new rules. In his decision, Cox stated that the SEB rules were “unsupported by Georgia’s Election Code” and were in conflict with both the state and U.S. constitutions.
The ruling specifically invalidated seven critical SEB rules. These included:
- Certification of Election Returns
SEB Rule 183-1-12-.02(c.2) required election superintendents to “attest, after reasonable inquiry” that election tabulations were accurate before certifying the results. The court ruled this went beyond the scope of Georgia’s Election Code. - Access to Election Documentation
SEB Rule 183-1-12-.12 expanded access to election-related documents for individual county board members before certification. This rule was also deemed to exceed the SEB’s authority. - Absentee Ballot Delivery Protocol
One of the more controversial rules, SEB Rule 183-1-14-.02(18), required voters to provide a photo ID and signature verification when dropping off absentee ballots. Proponents argued that this was a necessary step to prevent fraud, while critics claimed it imposed undue burdens on…
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