Opponents say Georgia election board ‘reasonable inquiry’ rule is power overreach

State officials are concerned the Georgia State Election Board’s approval of a rule allowing for a “reasonable inquiry” before certifying election results could actually violate state election laws already in the books. 

In a 3-2 vote Tuesday, the board granted power to local election officials to conduct a “reasonable inquiry that the 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” before certifying the results.

The three board members who voted in favor of the measure, Janice Johnston, Rick Jeffares, and Janelle King, were praised by former president Donald Trump as being “pit bulls fighting for honesty, transparency, and victory.”

Trump faces criminal charges in Georgia for his efforts to overturn the state’s election results in 2020, having called on Georgia’s Secretary of State Brad Raffensperger to find more votes on Jan. 2, 2021. Trump lost Georgia to President Joe Biden by a little less than 12,000 votes. 

Opponents of the rule say it is creating power for election officials that can remain unchecked by the state legislature. 

Anthony Michael Kreis, a Georgia State University law professor, told the Wall Street Journal that the board is creating powers to investigate the election that go beyond what is approved by the law.

“While the board can promulgate rules to make it easier for local officials to carry out their duties in a uniform way, it cannot confer additional authority on local elections to do things they are not already empowered to do,” Kreis told the outlet. 

Some fear that these “inquiries” may cause delays in certifying the result of the election. 

“Georgia’s Election Integrity Act requires counties to certify the election results by Nov. 12, and we fully anticipate that counties will follow the law,” Mike Hassinger, spokesman for the secretary of state’s office, told the outlet. 

However, Johnston said they aren’t asking for the power to conduct an in depth investigation, but rather to conduct a “reasonable inquiry.” 

But board member John Fervier says the new measures lacks “any guardrails.”

“I’m sympathetic to boards being able to look at documents prior to certifying,” Fervier said. “I also believe there should be some guardrails around that.”