In a significant ruling that impacts the upcoming U.S. election, Fulton County Superior Court Judge Robert McBurney temporarily suspended a Georgia state rule requiring the hand-counting of paper ballots.
This decision came after an expedited bench trial addressing emergency motions from involved parties, marking a pivotal moment in Georgia’s electoral process.
The hand-counting rule was initially approved by the Georgia State Election Board (SEB) in late September, with the intent of enhancing the security, transparency, and accuracy of the ballot counting process.
Under this rule, each precinct in every county across the state was mandated to have the poll manager and two sworn poll officers conduct an independent hand count of all paper ballots.
However, the Cobb County Board of Elections and Registration and other petitioners challenged the legality of the hand-counting rule, along with five additional regulations introduced by the SEB.
They sought a declaration of invalidity and requested an interlocutory injunction or emergency temporary restraining order to halt the rule’s implementation.
In granting the petitioner’s request, Judge McBurney emphasized the potential for “substantial threat of irreparable harm” if the rule were enforced.
He criticized the timing of the SEB’s decision, labeling it as “too much, too late,” given that it was set to take effect just one week after early voting commenced and two weeks before the federal election. As a result, the status quo will remain for the upcoming election, maintaining the current ballot counting procedures.
The practical implications of hand-counting ballots can be significant. Verified Voting, an organization focused on electoral integrity, highlights the time-consuming nature of such a process.
For instance, in the smallest county in Nevada, Esmeralda, poll workers took over seven hours to hand count just 317 ballots during the 2022 primary. Financially, the burden can also be steep, as illustrated by Mesa County, Colorado, which incurred $80,000 in expenses for just one week of hand-counting votes in 2021.
While the hand-counting rule has been suspended for the November election, the court has yet to reach a final determination regarding its validity.
The merits of the petitioner’s case remain unaddressed, leaving open the possibility for the rule to be revisited in future elections.
As Georgia prepares for the upcoming election, this ruling underscores the ongoing debates surrounding election processes and the measures taken to ensure electoral integrity.
The implications of Judge McBurney’s decision will likely resonate throughout the state and serve as a pivotal reference point for discussions on election regulations moving forward.
