The countdown to the US presidential election is 20 days away, with a judge in Georgia ruling on Tuesday, October 15, to suspend a new rule requiring manual counting of votes by election staff.
On September 20, the Georgia State Election Commission passed a manual counting rule to enhance the security and transparency of the 2024 US election. However, Democrats fear that this new rule could delay the release of election results.
Judge Robert McBurney of the Fulton County High Court in Georgia ruled on Tuesday to suspend the manual counting rule. He stated that with just weeks to go until the 2024 US election, the manual counting provision introduces new uncertainties to the election process.
Early voting began in Georgia on October 15. The state is one of seven battleground states that could determine who will occupy the White House, the Republican candidate and former president Trump or the Democratic candidate and Vice President Harris.
According to a copy of the ruling posted on the Democracy Docket website founded by Democratic lawyer Marc Elias, McBurney wrote, “Any behavior that adds uncertainty and chaos to the election process is disrespectful to the public.”
McBurney did not rule the requirement for manual counting as illegal, but only suspended the new rule pending further review.
The appellate court could still overturn McBurney’s decision.
On Tuesday evening, McBurney’s decision was not immediately reflected in the court’s online filing system.
On the same day, McBurney also ruled that local election officials in Georgia must certify the election results, rejecting the argument that if there are clear violations during the voting process, certification can be refused.
Under the manual counting rule, starting from the election night, in over 6,500 precincts in Georgia, three polling station workers per precinct need to manually count the sealed ballot boxes scanned by machines.
Before the rule was passed, Georgia Secretary of State Brad Raffensperger expressed concerns at a meeting that the new rule would delay the release of election results and increase the chances of errors, loss, theft, or fraud in ballot counting.
Janelle King, a Republican member of the Georgia State Election Commission, stated during the meeting that manual counting is necessary for accuracy, even if it means delaying the announcement of results.
King said, “I do not want to set a precedent that prioritizes speed over accuracy.”
There are still several lawsuits pending in Georgia, including rules allowing local election officials to investigate discrepancies between the total votes and total voters before certifying the results, and to conduct reasonable investigations into clear violations.
In a petition for declaratory relief submitted by the Democratic National Committee and Georgia Democrats to the Fulton County High Court in Georgia on August 26, they requested that certifying the election results be made a mandatory obligation, not to be delayed or denied.
A week earlier, on August 19, the Georgia State Election Commission issued a new rule allowing county election commissions to conduct reasonable investigations to ensure accurate results, and requiring the total votes to match the total voters.
The Republican National Committee supported this new rule.
In a statement on August 20, the Georgia State Election Commission stated that county election commission members can now challenge and take action against potential fraud, suspicion, or incorrect results, instead of simply signing and certifying election results when there are legitimate concerns.
(*This article references reporting from Reuters*)