Imagine if right before a Georgia Bulldogs football game, the rules were changed to favor the opposing team, violating those already established in college football. As a Dawgs fan and University of Georgia alum, I’d be outraged. But the stakes are higher—the integrity of Georgia’s election is at stake.
As an American and native Georgian, I’m outraged Governor Brian Kemp is allowing law-violating, last minute election rule changes. So he will answer us in court.
I’m no novice to election administration—what Governor Kemp is allowing is nothing short of foul play.
Georgia Governor Brian Kemp speaks at the Governor’s Workforce Summit at the Georgia World Congress Center in Atlanta on Friday, Sept. 13, 2024.
Jeff Amy/AP Images
I proudly served as chair of the Fulton County Board of Registration and Elections. The primary purpose of the State Election Board is to ensure Georgia election laws are carried out in a straightforward manner so county election boards can seamlessly oversee our elections.
Yet happening right now, three Donald Trump-backed members of the unelected Georgia Election Board, with little to no experience administering elections, are changing election rules to help MAGA allies sow chaos in November.
On July 12, three of the five election board members unlawfully held a meeting when the others weren’t available. It happened despite the Georgia attorney general warning it could violate Georgia’s Open Meetings Act—a criminal offense.
Days after, former President Donald Trump praised the three board members for “fighting for honesty, transparency, and victory. ” They changed rules to give county election officials new power to delay or refuse to certify election results. Some of Georgia’s county election officials are known election deniers, meaning they believe Trump’s 2020 election lies.
The rule change makes certifying elections discretionary, but it’s a mandatory process under state law. It seems like Trump allies want to sow doubt and obstruct certification to help Trump challenge the results if he doesn’t win.
One of the board members behind these changes has ulterior motives. On Aug. 12, reporting revealed board member Rick Jeffares lobbied Trump’s former White House political director for a job in a second Trump administration, violating the board’s code of conduct by using his position for personal gain.
Seeking accountability for their illegal and unethical actions, I filed an ethics complaint against the MAGA board members with Governor Kemp in his capacity as the official responsible for receiving and resolving such complaints.
Georgia law is clear that when charges are filed, the governor “shall” hold a hearing to investigate. But instead of investigating, Governor Kemp asked Georgia Attorney General Chris Carr for guidance.
The attorney general advised Governor Kemp not to act, claiming the complaint wasn’t “formal,” even though state law doesn’t define that term.
The opinion was troubling, likening my nine-page ethics complaint to “generalized grievances” even though it detailed legal and ethical violations. Disregarding serious complaints raises questions about whether the guidance was about providing political cover for Governor Kemp instead of ensuring accountability.
In response, I filed a criminal complaint with the Georgia Capitol Police. If the governor won’t do his duty, maybe law enforcement will.
Meanwhile, the MAGA board members continue their power grab, passing rule changes that the attorney general warned likely violate state law. An unelected board cannot repeatedly break the law and ignore warnings about overstepping their authority
Georgians deserve better than a rigged system. We deserve accountability from those charged with safeguarding election independence. Election officials should not be acting in a partisan manner, especially not to benefit a particular candidate—their duty is to ensure elections are fair and independent.
Watching the election board continue to make a mockery of Georgia law, I filed a lawsuit against Governor Kemp to compel him to take action against the rogue members. The suit asks a court to direct the governor to do what the law requires.
This is a bipartisan issue of concern. Former Republican Georgia State Senator Eric Johnson criticized the board for changing rules that could “justify delayed certification or refusal to accept legitimate results.” Republican Representative Scot Turner and Chatham County Election Board member James Hall filed a lawsuit alleging the board exceeded their authority.
Georgia Secretary of State Brad Raffensperger, local election officials across our state, and former Governors Nathan Deal and Roy Barnes have all condemned the board’s actions.
A group of 15 Republicans, including former Trump White House Lawyer Ty Cobb and Natalie Crawford, a former Habersham County Commissioner, sent a letter urging Governor Kemp to hold the board accountable.
We may disagree on policy, but we don’t disagree that in America, our elections are based on a series of checks and balances that ensure every vote is counted, and the will of the people is upheld.
It wasn’t my first choice to sue Governor Kemp, but just like Dawgs fans wouldn’t stand for an unfair game, Georgians deserve a fair election. Kemp must follow the law and act now to protect the independence of Georgia’s election.
Cathy Woolard served as chair of the Fulton County Board of Registration and Elections and is former Atlanta City Council president.
The views expressed in this article are the writer’s own.
