State of Georgia

Georgia State Election Board Certification and Drop Box Rules Challenge

Eternal Vigilance Action v. State of Georgia

Lawsuit filed by Eternal Vigilance Action, former Georgia State House Rep. Scott Turner (R) and Chatham County Election Board member James Hall (R) against the state of Georgia challenging four new election rules recently passed by the Georgia State Election Board (SEB). 

The Reasonable Inquiry Rule would require local election officials to conduct a “reasonable inquiry” to ensure that final election results are complete and accurate before certifying them. The Examination Rule would allow individual county board of election members to examine all the documents related to an election before certifying the results. The Drop Box Rule would require voters who drop off an absentee ballot at a drop box location to provide a signature, photo ID and, if applicable, evidence of their relationship to the person whose ballot they are submitting. The Surveillance Rule would require polling officials to maintain recorded video surveillance of all drop boxes.

The plaintiffs argue that by creating these rules without receiving any guidelines or delegated authority from the Legislature, the SEB violated the state constitution. They also argue that each rule violates the laws surrounding certification, early and absentee voting. Lastly, they argue that all SEB rulemaking is unconstitutional and that any rules it has made or will make are invalid.

On Sept. 25, 2024, the plaintiffs challenged three additional rules in an amended complaint. The Poll Watcher Rule would expand the areas where poll watchers can be positioned. The Daily Reporting Rule would add further requirements to the daily absentee ballot reports submitted by county boards of registrars. The Hand Count Rule would require election officials to hand count the total number of ballots on Election Day.

The plaintiffs ask the court to strike down these new rules and all SEB rules as unconstitutional and block Georgia and SEB from enforcing them.

On Oct. 16, 2024, the court struck down the new election rules and blocked the state from enforcing them.

On Oct. 17, 2024, the intervenors RNC and Georgia Republican Party appealed the decision. They asked the Georgia Supreme Court to stay the lower court’s ruling.

On Oct. 22, 2024, the Georgia Supreme Court unanimously denied a motion to stay. The rules were blocked for the November 2024 election.

On Nov. 13, 2024, the RNC and Georgia Republican Party appealed the Oct. 16 final order. On Dec. 9, 2024, the State of Georgia also appealed. The two cases were consolidated.

STATUS: The appeal in the Georgia Supreme Court is fully briefed. Oral argument is tentatively scheduled for March 19, 2025.

Case Documents (Fulton County superior court)

Case Documents (GA supreme court – Stay request)

Case Documents (GA Supreme Court – Full Appeal)

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