A Fulton County Superior Court judge in Georgia has set an Oct. 1 trial date to hear a civil challenge that seeks to block two rules recently passed by the Georgia State Election Board. Republicans have defended the rules as needed security measures for the 2024 election.
The lawsuit brought by the Democratic National Committee, the Georgia Democratic Party, and individual county election board members will focus on the legality of the “reasonable inquiry rule” and the “examination rule,” both of which were approved by a 3-2 vote in August by the Republican-controlled Georgia Election Board.
The DNC and other plaintiffs claim the rules contradict Georgia’s election laws and procedures by allowing election boards to postpone the certification of results.
The “reasonable inquiry rule,” passed on Aug. 6, requires county boards to certify an election only after conducting a “reasonable inquiry” to ensure that the vote tabulation and canvassing are complete and accurate. The “examination rule,” approved on Aug. 19, permits individual election board members to review election-related documentation before certifying the results.
Republican board members, including Janice Johnston, Rick Jeffares, and Janelle King, have defended these rules, claiming they aim to enhance transparency and accuracy in the certification process. The Republican National Committee and Georgia Republican Party have also sought to intervene in the lawsuit, according to court records.
Former President Donald Trump has praised the board members who pushed through the two rules, calling them “pit bulls fighting for honesty, transparency, and victory.”
However, Democrats say the rules could be used to delay or block certification, particularly in contentious elections. The plaintiffs are asking the court to rule that under Georgia law, certification is a mandatory duty and that election superintendents have no discretion to delay or refuse certification. They also seek a court order mandating that election results from the Nov. 5 elections be certified by 5 p.m. on Nov. 12.
The lawsuit argues that if the rules are not interpreted in accordance with state law, they should be declared invalid and blocked from being implemented.
Fulton County Superior Court Judge Robert McBurney, who presided over the special grand jury that handed up the racketeering indictment against Trump last year, scheduled a bench trial Monday beginning at 9 a.m. EST on Oct. 1. Due to the rules of courtroom procedures in Georgia, the trial will be live streamed on Youtube.
The trial comes amid legal battles over election procedures in Georgia, a state that has been at the center of election-related controversies since the 2020 presidential race. Following that election, Trump and his allies filed multiple lawsuits challenging the results, with 14 of those cases taking place in Georgia.
On Monday, a separate lawsuit arguing Fulton County election board members have the discretion to refuse to certify election results was dismissed on a technicality, though McBurney, who is also handling that case, said the plaintiff, Fulton County election board member Julie Adams, could refile.
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“This action is done, but there can be another,” he wrote. “Adams can refile, name the correct party, and we will pick up where we left off, likely with all the same lawyers and certainly with the same substantive arguments.”
Both respective cases underscore the tensions underway in Georgia as both parties fight to defend their preferred rules surrounding voting procedures ahead of Election Day.