A nonprofit nonpartisan watchdog group filed a lawsuit Friday charging the State Election Board with violating Georgia’s Open Meetings Act after meeting last week without legally required public notice or a quorum.
The three Republicans on the five-member board gave preliminary approval during a special meeting last Friday to rules changes that would require local election officials to post daily updates on their websites and inside polling places during early voting and give poll watchers greater access on election nights while votes are being processed.
Action on the two rules had been postponed from three days earlier when the board’s regularly scheduled meeting ran long.
According to the lawsuit, filed in Fulton County Superior Court by the group American Oversight, notice of the special meeting wasn’t posted until late the day before the meeting took place. Even then, the notice was posted outside the meeting room rather than on the board’s website, where meeting notices are usually posted.
Neither board Chairman John Fervier nor Sara Tindall Ghazal, the board’s lone Democrat, were available to attend the meeting, and one of the three Republican board members attended virtually, in violation of the Open Meetings Act, the suit charges.
“Three members of the State Election Board rammed through a last-minute meeting to consider controversial rule changes without notifying the public,” said Chioma Chukwu, American Oversight’s executive director.
“Georgia’s Open Meetings Act and others like it are vital to a functioning democracy by helping ensure official actions are conducted in full view of the public. Attempts to maneuver around it to advance changes to Georgia’s election rules are a clear violation of this law.”
The lawsuit seeks to have the rules changes voted on during the meeting declared null and void and the meeting itself declared invalid.
The board is expected to conduct a final vote Aug. 6 on the two rules changes as well as a proposal board members tentatively approved during the earlier regularly scheduled meeting that would make it easier for local elections officials to challenge the certification of election results.
What Are Sunshine Laws?: Sunshine laws are regulations designed to ensure transparency and accountability in government by requiring that certain proceedings, meetings, records, votes, deliberations, and other official actions be open to the public. The term “sunshine laws” is metaphorically derived from the idea of sunlight as a disinfectant. Just as sunlight exposes and cleanses, these laws are intended to shine a light on government operations, making them more transparent and accountable.
In Georgia, sunshine laws are codified in the Georgia Open Meetings Act and the Georgia Open Records Act. These laws mandate that meetings of government bodies must be accessible to the public, except in specific instances where executive sessions are allowed. Similarly, the Open Records Act requires that public records be available for inspection and copying, ensuring that governmental activities are conducted with transparency. Georgia’s sunshine laws are integral in promoting open government, enabling citizens to monitor and participate in the democratic process effectively.
