American Oversight Files Emergency Motion to Prevent Illegal Georgia State Election Board Rules from Taking Effect
The board approved two controversial measures for further rulemaking, including one to increase the number of partisan poll watchers during ballot counting — threatening to sow chaos and confusion during the upcoming elections.
Today, nonpartisan watchdog organization American Oversight filed a motion for an interlocutory injunction and a temporary restraining order against the Georgia State Election Board (SEB) for violating the state’s Open Meetings Act by holding a rushed meeting on July 12, during which it approved two controversial rules without legally required public notice or a quorum.
Statement from American Oversight Interim Executive Director Chioma Chukwu:
“The illegal rules approved by three rogue board members — reportedly acting at the behest of Republican Party operatives — could wreak havoc this November as anti-democratic actors seek to sway results in favor of their preferred candidates by undermining trust in our elections.
“Without immediate court intervention, Georgia voters and election workers will be deprived of their right to shape rules that impact their ability to safely participate in free and fair elections. We trust the court will recognize the urgency and prevent the rules from advancing, protecting Georgians from irreparable harm.”
On July 18, American Oversight filed a lawsuit against the SEB in Fulton County Superior Court seeking, among other things, injunctive and declaratory relief as well as civil penalties against board members Rick Jeffares, Janelle King, and Janice Johnston for their knowing and willful violations of the Open Meetings Act.
American Oversight sued following reports that Jeffares, King, and Johnston convened an illegal and last-minute meeting on July 12 to approve two controversial rule changes. The meeting was held without proper notice and quorum, and reportedly against the advice of the state attorney general’s office.
One of the rules, proposed by Jeffares, requires county election boards to post daily online ballot counts on their websites. Subsequent reporting revealed that the rule text was provided to Jeffares by Georgia GOP Chairman Josh McKoon in apparent coordination with the Republican National Committee. The other rule purports to increase the number of partisan poll monitors observing ballot counting at Georgia tabulation centers, a reportedly similar version of which was also shared by the state’s Republican Party.
Prior to filing suit, American Oversight had sent a letter to the SEB indicating it would consider legal action if the board failed to publicly declare, within 48 hours, that its July 12 meeting violated Georgia law and that any rules approved during the meeting were invalid. The SEB has failed to respond to the letter and has not taken any steps or made any public commitment to walk back its unlawful conduct.
American Oversight and Atlanta-based law firm Caplan Cobb LLC are co-counsel in this case.
The complaint and the motion for preliminary injunction are available here: https://www.americanoversight.org/document/complaint-american-oversight-v-georgia-state-election-board-open-meetings-act-violation