Democrats sue to block new GOP-backed Georgia election certification rules

(CNN) — Democrats, with the backing of Kamala Harris’ presidential campaign, on Monday sued to block controversial new election rules in Georgia that they warned could lead to post-election “chaos” in the presidential battleground state in November.

The lawsuit, filed in Georgia state court by the Democratic National Committee, the Georgia Democratic Party and Democratic members of several county election boards, takes aim at two rules passed recently by the Georgia State Election Board that allow election officials to conduct a “reasonable inquiry” before certifying election results and permit members of county election boards to investigate ballot counts.

The lawsuit marks a significant escalation of a controversy that has been brewing for weeks over the action of three Republican members of the state elections board, who recently won praise from former President Donald Trump for their moves.

Trump lost Georgia by just over 10,000 votes in 2020, and it was at the center of his attempt to overturn the election with claims of voter fraud, though none was found.

Democrats are seeking a court ruling that makes clear that election superintendents do not have the discretion to delay the certification of election results or to refuse to certify the results altogether.

They are asking for the court to declare that “absent a valid judicial order to the contrary, election superintendents must certify the results of the November 5, 2024 election no later than 5:00 P.M. on November 12, 2024.”

The complaint cites several cases dealing with Georgia elections to argue that “Georgia law has long treated election certification as non-discretionary.”

“If election officials have concerns about possible election irregularities, they are free to voice those concerns at the time of certification, so that they may be considered and adjudicated, by judges, in any subsequent election contest,” the lawsuit said. “But they may not point to those election irregularities (or anything else) as a basis for delaying certification or denying it entirely. Absent a valid court order, certification by the deadline is mandatory.”

Certification is the official confirmation of voting results. It is a mandatory part of the voting process as a final check to verify the results with the secretary of state’s office.

Typically, the five-member state election board is tasked with ministerial duties ahead of the election, but recently arrived partisan appointees have pushed the limits of the board’s power.

The three new, relatively unknown Republicans, who were appointed to the board this year by the state legislature and the Georgia GOP, were thrust into the spotlight after Trump mentioned them by name at one of his recent rallies in Atlanta.

The mention by Trump raised red flags for critics of the new board who believe the State Election Board’s GOP members are working – officially or not – to appease the former president who has made Georgia a target of his false claim of massive voter fraud.

“This is about protecting all voters,” GOP board member Janelle King told CNN in an interview earlier this month. “I am making sure I am doing the right thing. I am appreciative of the president’s support, but I am not working on behalf of anyone.”

Georgia state Democrats and voting rights advocates are calling on GOP Gov. Brian Kemp to investigate the Republicans on the state election board. And last week, Democratic state Sen. Nabilah Islam Parkes filed a formal state ethics complaint alleging election board members Janelle King, Rick Jeffares and Dr. Janice Johnston broke state law in pushing the rules changes so close to the general election.

“The state election board does not exist to help Republicans win elections or enrich its members,” state Sen. Islam Parkes said.

This story has been updated with additional details.

CNN’s Nick Valencia and Mounira Elsamra contributed to this report.

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