Georgia laws that Democrats claim might cause a delay in certifying election results are being challenged in court

The Democratic parties at both the state and national levels filed a lawsuit on Monday to challenge two new rules set by Georgia's State Election Board.

These rules could potentially allow county officials to refuse to certify an election, leading to delays in finalizing the state's results.

The lawsuit, submitted to a state judge in Atlanta, argues that the rules violate a state law requiring certification as a mandatory duty.

These rules were introduced after three Republican partisans, associated with former President Donald Trump, took control of the five-member board earlier this year.

The chair of the Republican Party in Georgia praised this takeover and later sent proposed rule changes to board members. Democrats allege that a board previously seen as nonpartisan has now become a direct tool for Trump.

A Democratic state senator and the former chair of the Fulton County elections board have both sent letters to Georgia Governor Brian Kemp, urging him to remove the three Trump-aligned board members for allegedly violating state ethics laws.

The lawsuit argues that these rules could lead to post-election chaos, claiming that the board is disregarding state law and more than a century of legal precedent in Georgia.

"According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or foreclose it entirely.

But that is not the law in Georgia," the lawsuit states, filed in Fulton County Superior Court.

The board, which has no direct role in determining election outcomes, is responsible for addressing complaints about alleged violations and setting rules to ensure smooth elections.

However, its recent actions are significant in Georgia, a key swing state that has experienced years of partisan disputes over voting procedures.

Former President Trump is currently facing prosecution in a broad racketeering case related to his efforts to overturn Joe Biden's electoral win in Georgia in 2020.

Although his legal team has delayed the trial from starting before the upcoming election, Trump was recorded in a January 2021 phone call asking a top state official to "find" votes to change the election outcome in his favor.

The racketeering charges also implicate several individuals connected to an incident where Trump supporters, with the approval of local Republican officials, gained access to election machines in Coffee County.

The Democratic lawsuit specifically targets two newly added rules by Georgia's State Election Board, arguing they could enable county election officials to improperly delay or refuse to certify election results.

One rule mandates that county officials conduct a "reasonable inquiry" before certifying results, but the lawsuit points out that the term "reasonable inquiry" is not clearly defined.

The second rule, which allows officials to "examine all election-related documentation created during the conduct of elections," is also contested, with the lawsuit claiming it lacks any legal foundation in the state's election code or case law.

The plaintiffs argue that any allegations of fraud or misconduct should be addressed by the courts, not by county officials during the certification process.

On the other hand, Pro-Trump Republicans defend the rules, asserting that they simply reinforce the existing responsibilities of county election boards to thoroughly scrutinize election results.

They emphasize that board members must swear an oath to produce "true and perfect" results.

Georgia Republican Party chair Josh McKoon stated that these changes are "common-sense" and are intended to enhance transparency and public confidence in elections, benefiting all Georgians regardless of political affiliation.

During a rally in Atlanta on August 3, former President Trump praised the three new board members, describing them as "pit bulls fighting for honesty, transparency, and victory."

He criticized the Democratic member and the nonpartisan chair appointed by Governor Brian Kemp, suggesting they were less effective.

The changes to the board's composition include the recent appointment of Janelle King, a conservative media personality, by the Georgia House. Earlier this year, Kemp appointed John Fervier, a Waffle House executive, as chair, and the Georgia Senate approved the appointment of former Republican state Senator Rick Jeffares.

The board also includes Dr. Janice Johnston, appointed by the Republican Party, and Sara Tindall Ghazal, appointed by the Democratic Party.