GA SEB Approves Rule Seeking To Ensure Accurate Ballot Counts

The Georgia State Election Board (SEB) approved a rule on Friday that aims to ensure the number of physical ballots counted matches the machine count at the precinct level.

The board approved Rule 183-1-12-.12 (a) (5), which states the poll manager and two witnesses shall, after removing the “paper ballots from each ballot box, record the date and time that the ballot box was emptied and present to three sworn precinct poll officers to independently count the total number of ballots removed from the scanner, sorting into stacks of 50 ballots continuing until all of the ballots have been counted separately by each of the three poll officers.”

But if the three poll officers find that “the numbers recorded on the precinct poll pads, ballot marking devices [BMDs] and scanner recap forms do not reconcile with the hand count ballot totals, the poll manager shall immediately determine the reason for the inconsistency; correct the inconsistency, if possible; and fully document the inconsistency or problem along with any corrective measures taken.”

A handful of Georgia counties already use hand counting at the precinct level, as SEB member Janelle King noted in Friday’s meeting. She argued that, by approving Rule 183-1-12-.12 (a) (5), the board would simply be creating uniform guidance across the state.

“I just want to point out that according to our Georgia code, the role of the [SEB], part of our role, is to ‘promulgate rules and regulations to define uniform and nondiscriminatory standards,’” King said, reading from what she indicated to be state election code. “As we stated several times, having some counties counting by hand and some counties not, does not establish uniformity. This rule will do that, and we do have the ability to do that.”

Chairman John Fervier — who voted against the proposal — interjected, seeming to suggest a lack of “statute support” for the rule. 

“Where does it say that?” King responded. “Can you show that to me, Mr. Chairman?”

“Did you read the Attorney General’s opinion?” Fervier asked

“I’m not talking about the Attorney General’s opinion. I’m talking about what’s in our Georgia election code book,” King responded.

“Are there any further comments by this board?” Fervier asked without answering King’s question.

Fervier voted against the proposal alongside Sara Tindall Ghazal, the Democrat-appointed board member.

Republican state Attorney General Chris Carr’s office reportedly sent a memo to SEB members prior to Friday’s meeting, saying “[t]he statutes upon which these rules rely do not reflect any provision enacted by the General Assembly for the hand-counting of ballots prior to tabulation… these proposed rules are not tethered to any statute—and are, therefore, likely the precise type of impermissible legislation that agencies cannot do,” according to 11 Alive.

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General Counsel from the Secretary of State’s Office Charlene McGowan also reportedly sent SEB members a letter on Monday arguing the rule changes come too close to Election Day, according to 11 Alive.

The board also voted on Friday to approve Rule 183-1-12-.12 (e), which states: “Upon submission of the completed Reconciliation Report to the Secretary of State, each county shall publish the report on their county election results website or post it in their elections office.”

Another proposal that would permit poll watchers in tabulation centers passed by a 3-1 vote. Fervier did not vote.

The SEB also passed a series of election integrity measures in August, including Rule 183-1-12-.02 that clarifies county election boards can fulfill their certification responsibility “after reasonable inquiry that tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”

Another rule, in part, permits board members to review “all election related documentation created during the conduct of elections prior to certification of results.”

Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2