Democrats Sue Over Georgia Requirement That Ballots Be Counted by Hand

Democrats sued the Georgia State Election Board on Monday, claiming that a new rule ordering counties to count ballots by hand would invite chaos on election night, create delays in reporting results for large counties and put the security of ballots at risk, according to a copy of the lawsuit obtained by The New York Times.

The lawsuit, filed by the Democratic National Committee and Democratic Party of Georgia with support from Vice President Kamala Harris’s campaign, argues that the state election board went far beyond its authority in passing the rule, and notes that the board is not a lawmaking body and that the rule conflicts with the process established by the Georgia General Assembly.

The rule, passed by the Georgia State Election Board this month, requires local election officials to count ballots by hand after polls close to ensure the total number of ballots matches the machine-counted totals. (The hand count would not require officials to consider for whom each ballot was cast.) Before the vote, both the secretary of state and attorney general of Georgia warned the board that it was likely exceeding its authority in passing such a rule and was changing the election process far too close to Election Day.

“To protect the sanctity of the state’s laws and to prevent election night chaos, this Court should declare that the Hand Count Rule exceeds SEB’s statutory authority,” the lawsuit says.

The lawsuit comes as the Georgia State Election Board has inserted itself directly into the political storm of one of the most closely contested battleground states. Ever since a 3-2 right-wing majority emerged this summer, the board has passed a host of rules and measures that closely align with that faction’s policies and