Republicans seek reversal of lower court decision voiding 7 election rules in Georgia

With election integrity on the minds of millions as Nov. 5 approaches, it should come as no surprise that a group of key Republicans has taken a key case in Georgia all the way to that state's highest court.

As the Associated Press reports, an appeal has been filed by the Republican National Committee and the Georgia Republican Party requesting that the Georgia Supreme Court invalidate a recent superior court ruling voiding a group of seven new election rules.

Election rules voided

It was last week that Fulton County Superior Court Judge Thomas Cox determined that the State Election Board lacked authority to pass the rules in question.

Cox found that, therefore, the batch of new regulations were “illegal, unconstitutional and void” and must be immediately invalidated.

Perhaps most noteworthy among the rules were those requiring hand-counting of ballots once polls close and two others related to the certification of results, implicating concerns that arose during the 2020 contest.

As The Hill explained, the decision by the Election Board to pass rules of this nature so close to the November contest was controversial to begin with, and the substance of the measures drew criticism from a group called Eternal Vigilance Action, among others.

In addition to Cox's actions, Judge Robert McBurney also issued a temporary block on the hand-counting rule, opining that the public at large was “not disserved by pressing pause” on the measure.

Reactions pour in

On Thursday, Republican National Committee chair Michael Whatley blasted Cox's decision, calling it “the very worst of judicial activism.”

Whatley added, “By overturning the Georgia State Election Board's commonsense rules passed to safeguard Georgia's elections, the judge sided with the Democrats in their attacks on transparency, accountability, and the integrity of our elections.”

He noted the fact that an appeal had been filed with the state Supreme Court and said that the “egregious order” would not be permitted to stand.

Former Georgia Rep. Scot Turner of Eternal Vigilance Action, however, had a different take, saying, “This is a victory for the Constitution and the principle of separation of powers. Every conservative should see this as a win and significant pushback on an unelected board making law.”

What action the state's high court will take from here, however, remains to be seen, and with Election Day fast approaching, whether a reversal of Cox's ruling will occur at the eleventh hour, only time will tell.