State Election Board’s Republican Majority Changes Election Rules in Georgia: Here’s How

County officials can certify election results only after a “reasonable inquiry” ensures they’re accurate under a controversial election rules change the Republican-dominated State Election Board narrowly approved Tuesday.

The change, which passed 3-2, essentially does away with a provision in current state election law that says county elections superintendents “shall” certify election results by the Monday following an election, making certification a non-discretionary function.

“It’s guardrails to make the point that what we are doing is very important and not to be taken lightly,” said Michael Heekin, a Republican member of the Fulton County Board of Elections, who proposed the rules change.

The State Election Board’s Republican members argued that it’s common sense to expect local elections officials to want to make sure votes have been counted accurately before they sign legal affidavits certifying the results.

Board member Dr. Janice Johnston dismissed arguments that the 142 hours after an election local officials are given to certify results is not enough time to do anything but rubber stamp them.

“An election like that is no better than an election in Venezuela or Russia,” she said. “We’re not asking a board to do a full audit, just a reasonable inquiry.”

But Democrats accused Republicans of rushing the rules change through just 90 days before the November elections to give local elections officials leeway to potentially delay certification and throw results into question, a tactic former President Donald Trump used four years ago with a flurry of lawsuits after Democrat Joe Biden carried Georgia’s 16 electoral votes.

Board member Sara Tindall Ghazal, a Democrat, said the term “reasonable inquiry” is too vague,

“The definition, the way it’s stated, allows exploitation,” she said.

Nikhel Sus, deputy chief counsel for the group Citizens for Responsibility and Ethics in Washington, said the State Election Board doesn’t have the legal authority to let local election officials turn certification into a discretionary act.

“No statute gives county election superintendents discretion to conduct a free-roaming inquiry prior to certification,” he said.

But board member Janelle King, a Republican, said local election superintendents should not be expected to certify results if they’re not confident they’re correct.

“You don’t get to tell people to sign a legal document they’re not comfortable with and stand by it,” she said.

Board Chairman John Fervier, who joined Ghazal in opposing the change, said he received a series of emails from Democratic state lawmakers urging the board not to approve it. One suggested setting a time frame for how long a “reasonable inquiry” could last, while another argued giving local election officials such discretion over certification decisions could overwhelm them.

“They make some really good points,” Fervier said.

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