Georgia court nixes Trump-backed rules, cites legal overreach
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Georgia’s top court has ruled that the State Election Board exceeded its authority by implementing contested voting regulations ahead of the 2025 election.
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The Nathan Deal Judicial Center, home of Georgia's Supreme Court and Court of Appeals, is seen on May 1, 2024, in Atlanta. (AP, File)
The Georgia Supreme Court has unanimously invalidated several election rules supported by allies of US President Donald Trump, delivering a significant setback to efforts aimed at overhauling the state’s voting process, Newsweek reported. In its ruling, the court found that the State Election Board had overstepped its legal authority when it enacted the disputed measures in September 2024.
The ruling invalidates four out of seven election rules challenged in court, including provisions that would have required counties to hand-count ballots, enforced stricter voter ID requirements for absentee drop-offs, and delayed certification of election results unless officials conducted a “reasonable inquiry".
The decision stems from a legal challenge filed by advocacy groups, including the ACLU and Eternal Vigilance Action. The plaintiffs argued that the Board’s actions violated the Georgia Constitution by assuming powers not granted to it under state law.
“This is a resounding affirmation of voters’ rights,” said Theresa Lee, senior staff attorney at the ACLU Voting Rights Project.
“The Court recognized what we've argued all along, that this rule was unlawful and entirely unnecessary,” Lee told Newsweek.
Among the rules overturned was a provision requiring all ballots to be counted manually after polls closed, a key issue pushed by supporters of Trump’s claims of widespread fraud in the 2020 election. The court also struck down requirements for enhanced voter ID verification and expanded access for partisan poll watchers.
Advocacy groups celebrate win for voting rights
The contested rules were introduced under the premise of improving transparency and election security. The State Election Board maintained it was acting to “ensure the secure, transparent, and accurate counting of ballots.” However, critics warned the rules risked voter suppression and legal overreach, particularly in the lead-up to the 2025 presidential election.
The Republican National Committee escalated the case to the state’s highest court, which upheld only one rule: the installation of video surveillance at absentee ballot drop boxes during non-operational hours. Two provisions, publishing daily vote tallies and expanding poll watcher access, were sent back to the lower court to determine whether the plaintiff, James Hall, had legal standing to challenge them.
The seven election rules reviewed by the court were:
- Requiring a “reasonable inquiry” by county officials before certifying results
- Allowing board members to inspect all election-related documents pre-certification
- Mandating hand-counting of ballots after polls close
- Publishing daily vote tallies online or in public spaces
- Expanding access for poll watchers during vote tabulation
- Requiring ID from caregivers or family submitting absentee ballots
- Installing video surveillance at absentee ballot drop boxes after hours
Only the seventh rule was upheld. The court declined to rule on the fourth and fifth, pending further legal review of the plaintiff’s standing.
In its decision, the court cited the Georgia Constitution’s nondelegation doctrine, stating, “The Court has determined that the four rules exceed the State Election Board’s statutory rule-making authority, which the court narrowly construes to avoid violating the Georgia Constitution’s nondelegation doctrine.”
ACLU attorney Theresa Lee praised the decision, telling Newsweek that it "safeguards not just the letter of Georgia election law, but the democratic principle that every vote must be counted accurately and without interference."
