The Georgia Supreme Court on Tuesday (Oct 22) rejected an appeal by the Republican Party to reinstate controversial last-minute election rules that have been invalidated by a lower court.
Last week, Fulton County Superior Court Judge Thomas Cox ruled that the new rules adopted by the Georgia State Election Board — led by a pro-Trump majority — were “illegal, unconstitutional and void.”
Republicans, including the Republican National Committee and the Georgia GOP, had appealed the ruling, seeking to reinstate the rules in an expedited manner before Election Day.
Georgia Supreme Court rejects appeal
In a unanimous decision, the Georgia’s highest court declined to expedite the appeal or put the lower court’s ruling on hold.
This means that Cox’s invalidation of the rules will stay in place, and the appeal will “proceed in the ordinary course,” meaning it could take months before a final ruling is made.
Which rules were invalidated?
The new election rules were passed by the State Election Board’s three-member Republican majority in August and September, close to the Nov 5 election date. This was done despite opposition from the board’s lone Democrat and non-partisan chair.
According to AFP, those in favour of the controversial rule are staunch Donald Trump backers, and were even praised by the ex-president as “pit bulls” fighting for “victory.”
The changes also met with strong resistance from local election officials, who expressed concerns over the timing of the rules just weeks before the general election and voiced feared that the last-minute changes could cause confusion among poll workers and voters.
Among the rules struck down by Cox were provisions requiring three poll workers to count ballots by hand after polls closed, as well as changes to the certification process for county election results.
Democrats and voting rights groups had argued these rules could be exploited to delay or block certification, especially if Trump were to lose the upcoming election.
However, some Republicans argue the rules would promote transparency and accountability.
Reactions to the ruling
Republican Scot Turner, a former state representative and leader of the group that filed the lawsuit challenging the seven rules, expressed relief that election workers would not have to implement new procedures just two weeks before Election Day.
Turner criticised the Republican Party’s position on the matter. “I hate fighting my friends,” he said, as per news agency AP.
“It’s unfortunate that the Republican Party has apparently lost their affection for defending constitutional principles like separation of powers. But I’m undeterred, and we will continue to fight,” he added.
Georgia GOP chairperson Josh McKoon, however, defended the new rules, calling opposition to them “unimaginably stupid and damaging to public confidence in what is expected to be a closely contested election”.
He criticised the court for not resolving the matter quickly and said: “It is supremely disappointing to observe yet another failure of our judicial system”.
Meanwhile, voting rights groups celebrated the court’s decision. Lauren Groh-Wargo, CEO of Fair Fight, described it as “a huge win for Georgia voters and the rule of law,” arguing that the invalidated rules were “part of a larger election denier plot to undermine confidence in our elections”.
(With inputs from agencies)