Fulton County Superior Court Judge Thomas Cox Jr. invalidated seven new Georgia election rules Wednesday, including requirements for a “reasonable inquiry” before elections are certified, hand counts on election night, and additional access for partisan poll watchers.
According to a report in the Atlanta Journal-Constitution, Cox declared the rules, passed by the Georiga Election Board’s Republican majority, are “illegal, unconstitutional and void.”
Cox found that the board exceeded its authority, noting that election procedures are set by elected representatives, not political appointees to the State Election Board.
“The Georgia Constitution provides that only the General Assembly may provide for a law for a procedure whereby returns of all elections by the people are made to the Secretary of State,” Cox wrote in an 11-page order. “The Election Code accomplishes this and the SEB has no authority to legislate otherwise.”
Cox’s decision was the result of a lawsuit filed by two Republicans, former state Rep. Scot Turner and Chatham County election board member James Hall.
An attorney for the two said during a court hearing Wednesday that the Georgia Election Board only has the power given to it by legislators, and it can’t go further.
Cox’s ruling came a day after Fulton Superior Court Judge Robert McBurney rejected the Georgia State Election Board’s new ballot hand-count rule from taking effect on the night of Georgia’s Nov. 5 general election.
