Less than two months before the election, the Trump-aligned majority on the Georgia State Election Board passed a new set of eleventh-hour rule changes on Friday that could plunge the vote counting process into chaos and give Republicans yet another pretext not to certify the results if Kamala Harris wins the state.
During a highly contentious meeting, the state board voted 3-2 to require county election boards to hand count ballots cast on Election Day and then compare the results to the totals tallied by electronic voting machines to reconcile any discrepancies. While hand counts are commonly used in post-election audits to ensure accurate results, counting all votes by hand is significantly more burdensome, time-consuming, and error-prone than using standard voting machines. The rules were passed by three Republican appointees who Trump praised as “pit bulls fighting for honesty, transparency, and victory” during a rally in Atlanta in August.
“We’re so far off the deep end of sanity here,” Sara Tindall Ghazal, the board’s lone Democratic member, who voted against the rule changes, told me. “It’s a terrible, terrible idea to do this sort of thing with no notice, no training.”
Given the short time period for counties to certify the election—the deadline is the Monday after Election Day—voting rights activists worry that the new hand counting mandate, combined with rules adopted last month requiring counties to undertake a “reasonable inquiry” into the vote totals and access “all election-related documentation,” will be weaponized by Republicans to oppose election certification. “After changing election certification rules in ways that give new power to local election officials to refuse to certify results, the MAGA board is now changing rules in ways that seem meant to create a fail point in our system,” says Lauren Groh-Wargo, CEO of the voting rights group Fair Fight.
The new rules put the state board directly at odds with election officials, Republicans and Democrats alike. A lawyer for Republican Secretary of State Brad Raffensperger, who defended the results of the 2020 election, said they were likely illegal and poorly timed, noting that the new requirements will not go into effect until October 14 at the earliest, after absentee ballots have been mailed to voters on October 7 and just as in-person early voting starts on October 15.
“We’re so far off the deep end of sanity here,” Sara Tindall Ghazal, the board’s lone Democratic member, told me. “It’s a terrible, terrible idea to do this sort of thing with no notice, no training.”
“It is far too late in the election process for counties to implement new rules and procedures, and many poll workers have already completed their required training,” Charlene McGowan, the general counsel for Raffensperger, wrote to the board before Friday’s meeting. The new voting hand counting rules “would disrupt existing chain of custody protocols under the law and needlessly introduce the risk of error, lost ballots, or fraud,” she added.
The office of Georgia Republican Attorney General Chris Carr sent a letter to the board Friday morning informing them that several of the proposed rules, including the hand count of ballots, “very likely exceed the Board’s statutory authority” and “appear to conflict with the statutes governing the conduct of elections.”
“The overwhelming number of election officials I’ve heard from are opposed to this,” said John Fervier, the GOP chair of the board, who was appointed by Republican Gov. Brian Kemp. “It’s too close to the election. It’s too late to train a lot of poll workers. There’s a lack of resources in many counties to effectuate this rule.” Most importantly, he said, “this is not supported at all in statute.”
All five election officials who spoke during the public comment section of the meeting spoke against the new rules. “The only people who support this are activists who think that the 2020 election was stolen,” says Tindall Ghazal. “Election workers don’t want it. Election supervisors don’t want it. You don’t change the rules this dramatically, this close to the election.”
The board did, however, vote 4-1 against counting ballots by hand during early voting, which one of the pro-Trump members, Janelle King, said could lead to privacy concerns ahead of the election. (King also criticized Raffensperger for “unethical” behavior for recording the call where Trump demanded he “find 11,780 votes” to overturn’s Joe Biden’s victory in 2020, but did not reprimand Trump for pressuring the secretary of state to overturn the election.)
The push for hand counts has become a rallying cry of election deniers who falsely blame electronic voting machines for Trump’s defeat. One of the biggest backers of this conspiracy theory is MyPillow CEO Mike Lindell.
Ironically, under the guise of protecting election integrity, hand counts actually lead to less accurate results due to human error. Numerous studies show that hand counts produce double the error rate of machine scanners. When Republicans in Nye County, Nevada, attempted to hand count ballots in 2022, they reported an error rate of 25 percent on the first day before the courts shut the effort down.
“It’s a rule looking for a problem that doesn’t exist,” says Travis Doss, executive director of the Augusta-Richmond County Board of Elections. Doss is president of the Georgia Association of Voter Registration and Election Officials, a bipartisan group of more than 500 election workers from across the state. The group asked the board last month not to pass any more rule changes before the election because it was “gravely concerned that dramatic changes at this stage will disrupt the preparation and training processes already in motion for poll workers, absentee voting, advance voting and Election Day preparation.” It specifically opposed the hand counting requitement because of “the rule’s potential to delay results; set fatigued employees up for failure; and undermine the very confidence the rule’s author claims to seek.”
There’s good reason to worry that delays or errors caused by a hand count of ballots would then be cited by Republicans as a reason not to certify the election if a Democrat wins. That occurred in 2022, when the election board in rural Cochise County, Arizona, attempted to hand count all ballots, were told by a court it was illegal, then refused to certify the results after Democrats narrowly won close state races. The two Republican board members who led the scheme were subsequently indicted by the state’s attorney general for obstructing the vote counting process.
That kind of controversy over the vote counting process is exactly what Trump and his allies seem to be agitating for, which is why they’ve worked so hard to stack local and state election boards with MAGA election deniers in places like Georgia. The new rules are “throwing things off kilter to the point where it could create chaos when that’s the last thing we need,” Doss says. (The conservative majority on the Supreme Court has also repeatedly warned states not to implement voting changes close to an election.)
Tindall Ghazal predicts that any effort to refuse to certify the election will fail, because courts and state officials will force rogue counties to approve the results, but she worries how Trump could weaponize any delay or dispute in the vote counting process, which are now far more likely to occur because of the new rules passed by his allies on the state election board.
“It leads to public uncertainty and public distrust, because it gets messy,” she says. “And that’s the real goal. To throw enough sand in the eyes of the public to make them think maybe something went wrong.”
