A judge in Georgia blocked election officials from enacting a rule that would require poll workers to hand count ballots after polls close on November 5.
Judge Robert McBurney of Fulton County Superior Court wrote in his order on Tuesday that “the hand count rule is too much, too late.” The new rule was passed by a 3-2 vote in September by Georgia’s State Election Board (SEB), fueled by three supporters of former President Donald Trump. It would have required poll managers and officers to tally ballots by hand after machine counts were registered.
“This election season is fraught; memories of January 6 [2021] have not faded away, regardless of one’s view of that date’s fame or infamy,” McBurney wrote in his order. “Anything that adds uncertainty and disorder to the electoral process disserves the public.”
The judge added that the hand count rule “on paper … appears consistent with the SEB mission of ensuring fair, legal and orderly elections.”
He added, however, that a “rule that introduces a new and substantive role on the eve of the election for more than 7,500 poll workers who will not have received any formal, cohesive, or consistent training and that allows for our paper ballots … to be handled multiple times by multiple people following an exhausting Election Day all before they are securely transported to the official tabulation center does not contribute to lessening the tension or boosting the confidence of the public for this election.”
Voters cast ballots in Georgia’s primary election on May 21 in Atlanta. A Fulton County judge on Tuesday blocked the State Election Board’s new rule that would have required poll workers to count ballots by hand after polls close on Election Day. (Photo by Elijah Nouvelage/Getty Images)
A lawsuit seeking to block the hand count rule was brought by the Democratic National Committee (DNC), the Georgia Democratic Party and Democrats from several county election boards, including in Cobb County. Board members from Cobb had argued in its complaint that the hand count rule would “substantially alter Georgia’s election procedures on the eve of” the election.
The SEB argued during a hearing on Tuesday that it would not be difficult to train election workers in time, according to a report from CBS News.
McBurney, who was appointed by former Republican Georgia Governor Nathan Deal, had previously expressed issues with the state’s hand count rule, including during a hearing at the start of the month, when the judge said that it was “vague and needs clarification.”
McBurney also ruled Tuesday that county election officials are required to certify the state’s election results by the legally established deadline, meaning that votes need to be certified by 5 p.m. ET on the Monday after an election or by Tuesday if Monday falls on a holiday.
The judge emphasized in his ruling that no election official “may refuse to certify or abstain from certifying election results under any circumstance,” even if the official suspects potential error or fraud.
Newsweek reached out to Georgia GOP Secretary of State Brad Raffensperger via email Tuesday night for comment.
Early voting opened in Georgia on Tuesday. The state is set to be one of the closest battles between Trump and Vice President Kamala Harris in November.
Georgia’s 2020 election results were heavily scrutinized by Trump and his allies four years ago, sparking a widespread racketeering case against the former president, who was accused of attempting to overturn his loss to President Joe Biden in the state.
The former president maintains that the 2020 election was “stolen” from him despite no credible evidence to support the claim. He also faces four federal felony counts in Washington, D.C., in connection to efforts to overturn the national election results.
Update 10/15/24, 11:44 p.m. ET: This article has been updated with additional information and background.
