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Georgia election board orders hand count of votes in US presidential contest

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By Joseph Ax and James Oliphant

September 21, 20242:30 AM GMT+6Updated a day ago

Pigs and Peaches country festival in Kennesaw

Sept 20 (Reuters) – Georgia’s Republican-controlled election board voted on Friday to require a labor-intensive hand count of potentially millions of ballots in November, a move voting rights advocates say could cause delays, introduce errors and lay the groundwork for spurious challenges in the battleground state.

The hand-count rule is the latest rule change passed in recent months by a pro-Trump conservative majority of the board who say they are attempting to make the Nov. 5 election more secure and transparent.

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Voting rights groups say the changes could allow rogue county election board members to delay or deny certification of election results, throwing the state’s vote into chaos, while the state attorney general’s office warned the board was likely exceeding its statutory authority with some of the moves.

Georgia is one of seven states likely to determine the contest between Republican presidential candidate Donald Trump and his Democratic opponent, Vice President Kamala Harris.

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In the 2020 election, Trump lost Georgia to Democrat Joe Biden by fewer than 12,000 votes out of approximately five million votes cast. Trump has maintained, with no evidence, that the result was tainted by fraud.

The hand-count rule, which passed in a 3-2 vote, was denounced by election administrators and poll workers who attended the meeting and opposed by Georgia’s Republican-led secretary of state and attorney general’s offices.

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Secretary of State Brad Raffensperger, the state’s top election official, said ahead of the meeting that the rule would introduce “the opportunity for error, lost or stolen ballots, and fraud.”

As the hearing began on Friday, members of the public, including county elections supervisors, poll workers and voting rights advocates, urged the board to vote down the hand-count rule, arguing it would create logistical problems, funding shortfalls and security concerns.

Several also contended that it was too close to the election to be altering procedures.

“We have started. The election has begun,” Ethan Compton, the election supervisor for Irwin County, told the board. “This is not the time to change the rules.”

GOING AGAINST COUNSEL

But Janelle King, a Republican member of the elections board, said the hand count was needed to ensure accuracy, even if that means results would be delayed.

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“What I don’t want to do is set a precedent that we are okay with speed over accuracy,” King said.

The board’s chair, John Fervier, also a Republican, voted against the rule, saying the “overwhelming number of election officials” who reached out to him were opposed to the change.

“I do think it’s too close to the election,” Fervier said. “It’s too late to train a lot of poll workers.”

Fervier warned that passing the measure would be ignoring the advice of the board’s counsel. That earned him a reprimand from King, who said he was encouraging lawsuits.

The national and state Democratic parties have already filed suits challenging earlier actions by the board.

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A letter on Thursday to the board from Attorney General Chris Carr’s office said that “several of the proposed rules, if passed, very likely exceed the Board’s statutory authority and in some instances appear to conflict with the statutes governing the conduct of elections.”

Georgia now becomes the only state in the U.S. to implement a hand count as part of the normal process of tabulating machine-recorded results, according to Gowri Ramachandran, the director of elections and security at New York University’s Brennan Center for Justice, a left-leaning public policy institute.

The hand count rule would require three poll workers in each of the state’s more than 6,500 precincts to open the sealed boxes of ballots scanned by machines and conduct a hand count, starting as soon as election night.

A separate rule would have imposed the same requirement for any ballot box that collects more than 1,500 ballots by the end of the day during early voting, which starts on Oct. 15, but it was tabled by a 4-1 vote.

Some states use hand counts when conducting recounts in close elections, or as part of routine post-election audits, said Mark Lindeman, the policy and strategy director for Verified Voting, which supports the responsible use of technology in elections. A handful of tiny jurisdictions use hand counts in place of voting machines.

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Georgia already has robust procedures in place to ensure an accurate count, experts said, including comparing the number of ballots scanned, the number of ballots printed and the number of voters who sign on. In addition, the state conducts post-election audits to check for any errors.

Trump faces criminal charges accusing him of pressuring Georgia officials to reverse his 2020 election loss, though he denies wrongdoing.

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Reporting by Joseph Ax and James Oliphant Editing by Colleen Jenkins and Alistair Bell

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Georgia

Georgia top court won’t extend ballot deadline in win for Trump

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By Reuters

November 5, 20244:36 AM GMT+6Updated 9 hours ago

Georgians turned out a day after the battleground state opened early voting
  • A person picks up a sticker while voters head to a polling station as Georgians turned out a day after the battleground state opened early voting, in Atlanta, Georgia, U.S., October 16, 2024. REUTERS/Megan Varner/File Photo Purchase Licensing Rights

WASHINGTON, Nov 4 (Reuters) – The top court in the battleground state of Georgia ruled on Monday that Cobb County cannot extend the deadline for counting about 3,000 absentee ballots that were sent out shortly before Election Day, handing a victory to the Republican National Committee and presidential candidate Donald Trump.

Siding with the RNC, the Georgia Supreme Court overturned a judge’s ruling extending the deadline until Friday in Cobb County, located in suburban Atlanta. The court decided that only absentee ballots that arrive by 7 p.m. ET on Tuesday (0000 GMT Wednesday) can be counted.

Civil rights groups had sued last week seeking to extend the deadline, arguing that the county violated state law by failing to promptly send out about 3,000 absentee ballots. County officials said they were overwhelmed by a surge in requests.

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The Republican National Committee had argued that extending the deadline would violate state law.

“Election Day is Election Day – not the week after,” RNC Chair Michael Whatley wrote in a post on social media.

Cobb County is a large and racially diverse area in Atlanta’s northern suburbs. The county voted for Democrat Joe Biden over Trump by 14 percentage points in the 2020 election. Biden defeated Trump in Georgia in 2020.

A spokesperson for Cobb County did not immediately respond to a request for comment.

The state high court ordered that ballots received after Election Day be separated from other ballots and set aside. Voters who did not receive an absentee ballot or did not have enough time to mail it can vote in person on Tuesday.

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Georgia is one of seven closely contested states expected to decide the outcome of the race between Trump and Democratic Vice President Kamala Harris.


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Reporting by Andrew Goudsward; Editing by Scott Malone and Will Dunham

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AP

Georgia high court says absentee ballots must be returned by Election Day, even in county with delay

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A woman holds up her sticker that signifies that she has officially voted in the state of Georgia, Thursday, Oct. 31, 2024, in Atlanta. (AP Photo/Jason Allen)

Updated 5:13 AM GMT+6, November 5, 2024

ATLANTA (AP) — Thousands of voters in Georgia’s third-largest county who received their absentee ballots late will not get an extension to return them, the state’s highest court decided on Monday.

Cobb County, just north of Atlanta, didn’t mail out absentee ballots to some 3,400 voters who had requested them until late last week. Georgia law says absentee ballots must be received by the close of polls on Election Day. But a judge in a lower court ruled last week that the ballots at issue could be counted if they’re received by this Friday, three days after Election Day, as long as they were postmarked by Tuesday.

The Georgia Supreme Court ruling means the affected Cobb County residents must vote in person on Election Day, which is Tuesday, or bring their absentee ballots to the county elections office by 7 p.m. that day.

The high court ruling instructs county election officials to notify the affected voters by email, text message and in a public message on the county election board’s website. And it orders officials to keep separate and sealed any ballots received after the Election Day deadline but before 5 p.m. Friday.

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Board of elections Chair Tori Silas said the board will comply with the Supreme Court order, but it’s still up in the air whether ballots received after Election Day will be counted. The order only addressed a motion for a stay, so election officials will have to wait for the court’s final ruling to see whether votes received after Tuesday will be counted, she said in a statement.

To deliver the ballots on time, election officials in Cobb County were using U.S. Postal Service express mail and UPS overnight delivery, and sending the ballots with prepaid express return envelopes. The Board of Elections said that more than 1,000 of the absentee ballots being mailed late were being sent to people outside of Georgia.

Silas last week blamed the delay in sending out the ballots on faulty equipment and a late surge in absentee ballot requests during the week before the Oct. 25 deadline.

The original ruling extending the deadline stemmed from a lawsuit filed by the American Civil Liberties Union and the Southern Poverty Law Center on behalf of three Cobb County voters who said they had not received absentee ballots by mail as of Friday.

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BBC

Georgia strikes down new Trump-backed election rules

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Max Matza

BBC News

1:12’Only choice I got’ – Early voting starts in swing state Georgia

A judge in the US state of Georgia has blocked seven new state election rules favoured by Republican Donald Trump after finding that they would unnecessarily interfere with the voting process.

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Fulton County Superior Court Judge Thomas Cox on Wednesday struck down a rule that requires that ballots be counted by hand, and two others that had to do with the certification of election results.

“The rules at issue exceed or are in conflict with specific provisions of the Election Code. Thus, the challenged rules are unlawful and void,” Judge Cox wrote in his ruling.

Early voting began in Georgia on Tuesday, with record numbers casting their votes in the key swing state ahead of election day on 5 November.

More than 459,000 people voted in person or by post on the first day of voting, officials said – more than triple the previous record of 136,000 in 2020.

Around five million votes for president were cast in Georgia that year, with Democrat Joe Biden winning the state by just under 12,000.

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Trump refused to accept the result. He is currently fighting criminal charges that he unlawfully tried to change the outcome.

A phone call recording has him telling Georgia Secretary of State Brad Raffensperger to “find 11,780 votes”.

A judge overseeing the Georgia case later dismissed the charge related to that phone call, and five other charges.

The Georgia prosecutor pursuing the case against Trump, Fani Willis, on Tuesday asked an appeals court to re-instate the six dismissed counts.

The hand count rule dismissed on Wednesday would have required three poll workers in the state’s more than 6,500 precincts to break open sealed boxes of ballots already scanned by machines to count them and check there was a match.

Critics said the rule could slow down the reporting of election results while supporters argued it would add minutes rather than hours to the count.

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The rules had been criticised by Democrats since they were passed in August by the Republican-controlled State Election Board.

In a speech that month, Trump praised the Republican board members, calling them “pit bulls fighting for transparency, honesty and victory”.

In his ruling, Judge Cox also criticised a rule requiring county officials to conduct a “reasonable inquiry” before certifying results, saying that it “adds an additional and undefined step into the certification process”.

Another rule invalidated related to language allowing county election officials “to examine all election related documentation created during the conduct of elections.”

Supporters argued those rules would make sure vote totals were counted accurately before they were signed off. Critics said it could be used to delay or deny certification.

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The hand count rule had been blocked in a ruling on Tuesday from a different judge, who found that “11th-and-one-half-hour implementation of the hand count rule” would diminish public confidence in the outcome and lead to “administrative chaos”.

“This election season is fraught; memories of January 6 [the 2021 US Capitol riot] have not faded away, regardless of one’s view of that date’s fame or infamy,” wrote Judge Robert McBurney.

“Anything that adds uncertainty and disorder to the electoral process disserves the public.”

Harris’ campaign welcomed the hand count ruling on Tuesday, calling it an attempt to sow doubt in the voting process.

In a separate decision on Monday, Judge McBurney ruled that election board members must certify vote results, after a Republican appointee to the board refused to certify the results of Georgia’s presidential primary earlier this year.

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Georgia, nicknamed the Peach State, is one of seven key swing states expected to decide the contest between Trump and Harris.

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