State of Georgia

Georgia Cobb County State Election Board Rules Challenge

Cobb County Board of Elections and Registration v. State Election Board

Lawsuit filed by Cobb County Board of Elections and Registration against the Georgia State Election Board (SEB) challenging six rules the board passed on Sept. 20, 2024. The plaintiff alleges all six of these rules conflict with state election laws, adding unnecessary and burdensome requirements to the election process. The Georgia Administrative Procedures Act (APA) requires rulemaking bodies to issue reasonable rules within the bounds of their legal authority. The law also requires rulemaking bodies to fully consider comments from members of the public before approving new rules. The plaintiff alleges the SEB did not fully consider public comments at its Sept. 20 meeting and exceeded its authority by passing  six unreasonable elections rules set to take effect only 22 days before the November election. The plaintiff asks the court to invalidate these rules and block the SEB from enforcing them and decide this case on an expedited basis.

Hand Count Rule

This rule requires election workers in each precinct to verify the total vote count by hand counting ballots after the polls close on Election Day. The rule is set to take effect on Oct. 22, 2024.

Poll Watcher Rule

This rule increases the number of designated locations where poll watchers may observe the election process. The rule is set to take effect on Oct. 22, 2024.

Daily Reporting Rule

This rule requires counties to issue a daily report with details of which voters have cast their votes early or through absentee ballots. The rule is set to take effect on Oct. 22, 2024.

Reconciliation Reports Rule

This rule requires counties to publish online reports detailing the difference between the number of total ballots cast and the total number of voters reported voting in each precinct. The rule is set to take effect on Oct. 22, 2024.

Reconciliation Rule

This rule requires either each county board of elections or election workers to verify the total ballot count against tabulation tape from each individual ballot scanner in the county. The rule is set to take effect on Oct. 22, 2024. 

Recorded Count Rule

This rule requires an election worker and two witnesses to record the ballot count from the tabulation tape in every ballot scanner in a given polling location. The rule is set to take effect on Oct. 22, 2024.

STATUS: On Oct. 15, a judge blocked the hand count rule. It will not be in effect for the upcoming election.

Case Documents

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