A Georgia judge on Monday blocked a controversial rule passed by the Trump-allied majority on the Georgia State Election Board requiring the hand count of ballots on Election Night. Fulton County Judge Robert McBurney declared that the new ruled had been enacted too close to the election. McBurney invoked the January 6 insurrection in his order enjoining the eleventh-hour change that had led to fears among election officials that results could be delayed and ultimately not certified by pro-Trump officials.
“The public interest is not disserved by pressing pause here,” McBurney wrote. “This election season is fraught; memories of January 6 have not faded away, regardless of one’s view of that date’s fame or infamy. Anything that adds uncertainty and disorder to the electoral process disserves the public.”
It was the second decision in a day by McBurney that upheld democratic norms and handed a major loss to election deniers in the state. Earlier on Monday, McBurney ruled that county election officials were required to certify election results.
The hand count rule was passed on September 20, less than two months before the election, and was set to go into effect just as early voting began. Election officials expressed widespread concern that the new mandate would delay election returns and potentially lead to new inaccuracies in the count, which could then be weaponized by Trump and his allies to sow distrust in the voting process and pressure election officials not to certify the result if Kamala Harris carried the state.
“A rule that introduces a new and substantive role on the eve of election for more than 7,500 poll workers who will not have received any formal, cohesive, or consistent training and that allows for our paper ballots—the only tangible proof of who voted for whom—to be handled multiple times by multiple people following an exhausting Election Day all before they are securely transported to the official tabulation center does not contribute to lessening the tension or boosting the confidence of the public for this election,” McBurney wrote. “Clearly the SEB believes that the Hand Count Rule is smart election policy—and it may be right. But the timing of its passage make implementation now quite wrong.”
McBurney blocked the rule only for the 2024 election. It’s not the only controversial rule change passed by the pro-Trump majority on the election board. They also created new rules requiring counties to undertake a “reasonable inquiry” before certifying election results, and giving county officials access to “all election-related documentation.” Those changes will be challenged in court in a separate lawsuit on Wednesday.
McBurney’s orders, which could go a long way toward ensuring a free and fair election in Georgia, were issued as the state saw record turnout on the first day of early voting, with more than 300,000 voters casting ballots.
