Georgia Election Board Withdraws Rules Approved in Illegal Meeting Following American Oversight Lawsuit

American Oversight released the following statement today after the Georgia State Election Board (SEB) voted to withdraw its illegally promulgated rules, agreeing to reconsider them at its next properly noticed meeting on Aug. 6.

Statement from American Oversight Interim Executive Director Chioma Chukwu: 

“We’re pleased that our lawsuit, along with pressure from partner organizations on the ground in Georgia, has prompted the Board to withdraw the illegally approved rules from its sham July 12 meeting. However, we remain deeply concerned by the Board’s decision to promptly revisit these problematic measures — including those coordinated with the state and national GOP — that serve to intimidate election workers and grant partisan advantage to preferred candidates this November.

“We will continue to closely monitor the Board to ensure it does not engage in additional unlawful actions while behind closed doors and unaccountable to the people of Georgia.”

American Oversight filed a lawsuit against the SEB on July 18 for violating the state’s Open Meetings Act after it hastily convened a meeting on Friday, July 12, without legally required public notice or a quorum. The organization subsequently filed a motion for a preliminary injunction seeking a court order blocking the SEB from moving forward with the rules approved at the July 12 meeting. Atlanta-based law firm Caplan Cobb LLC serves as co-counsel.

During the illegal July 12 meeting convened by board members Rick Jeffares, Janelle King, and Janice Johnston, the SEB considered two proposals, including one proposed by Jeffares requiring county election boards to post daily online ballot counts on their websites. Subsequent reporting revealed that the rule text and talking points were provided to Jeffares by Georgia GOP Chairman Josh McKoon in apparent coordination with the Republican National Committee. The other rule purported 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.

Reporting indicated that board members were aware of the potential legal issues that could arise if they held the July 12 meeting. On July 11, the state attorney general’s office reportedly warned the members that proceeding with their plans might violate the state’s Open Meetings Act.

Background

After a regularly scheduled meeting on Tuesday, July 9, ran long, SEB Chair John Fervier scheduled a continuation for the next day. That meeting was eventually postponed. Notices of the rescheduled meeting, as well as the postponement, were circulated to the secretary of state’s “notifications@sos.ga.gov” email list, consistent with typical practice.

But late on Thursday, July 11, a document signed by Jeffares and posted outside a meeting room in the Georgia State Capitol announced that a meeting would be held on July 12 at 4 p.m., despite indication from Fervier and Sara Tindall Ghazal, the other two SEB members, that they would be unavailable.

This document was not shared to the secretary of state’s email list, nor was it posted to the SEB’s website, where meeting notices are usually posted.

Additionally, of the three board members who convened the July 12 meeting, only two were present in person while the third participated by video, in violation of the Open Meetings Act quorum requirements.

A copy of American Oversight’s July 18 lawsuit is available here.