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FOR IMMEDIATE RELEASE
October 14, 2024
Coalition for Good Governance Files Emergency Petition to Amend Georgia's “Hand Count” Ballot Accounting Rule
ATLANTA, GA – The Coalition for Good Governance (CGG) has submitted a time-sensitive petition with the Georgia State Election Board, urging their immediate adoption of emergency election rule amendments to clarify the Board’s Ballot Accounting Rule (often called the “Hand Count Rule”) adopted amid intense controversy in September. CGG’s proposed emergency measure aims to accomplish several goals:
-Streamline polling place Ballot Accounting Rule to eliminate unnecessary work;
-Reinforce the statutory requirement for timely certification of accurate election returns;
-Clarify the need for Election Night Ballot Accounting and chain-of-custody controls to avoid canvassing and certification disputes;
-Mandate prompt reporting of significant discrepancies; and
-Identify supporting statutes, and reduce confusion regarding applicable law.
“Our proposed emergency rule amendments clarify that the commonsense emergency rule simply involves the essential chain of custody measure of accounting for the quantity of voted ballots after they have been tabulated at the polling place on Election Night. We are asking the State Election Board to immediately clarify and modify the Ballot Accounting Rule to ensure that Georgia reduces post-election disputes by protecting chain of custody and meeting certification deadlines without adding an unreasonable burden on poll officials,” said Marilyn Marks, Executive Director of the Coalition for Good Governance. “Cobb County’s demonstration that the number of ballots from most Election Day scanners can be counted by a three person team in less than 20 minutes will be helpful in calming the unfounded fears of election process delays.”
Clarifying the Rule’s Purpose
The Ballot Accounting Rule should require an efficient, secure accounting of ballots at the polling place before they are transferred to the central election office. This process in CGG’s proposed amendment is estimated to take 15 to 20 minutes in most polling places and is essential for ensuring ballots are not inadvertently left in scanners (such as in the write-in or emergency bins), reducing the risk of discrepancies and disputes during the certification process, audits and recounts. (See Petition Exhibit 5 for calculation of time estimates, using CGG internal and Cobb County test data.) CGG’s proposal streamlines the Ballot Accounting process by reducing the count team from three to two people, and allowing them to work concurrently.
Marks emphasized that while Georgia Election Code required Election Night ballot accounting since 2020, compliance has been inconsistent, often leading to disputes or discrepancies during the certification process or after certification. The emergency rule is necessary to standardize the ballot security process and ensure that poll officials follow the required procedures at every polling place, resolving discrepancies while the ballots, scanner boxes, officials, and public observers are all present. CGG points to an example, using video of Coffee County officials finding ballots left in scanners several days after the May 2024 primary election, in preparation for a recount with three very close margin local races, and prior to the state post-election audit. Lost chain-of-custody of the found ballots could have invited a dispute of the type that proper Ballot Accounting avoids.
Addressing Confusion Created by State Officials
This emergency rule-making petition addresses the confusion created by Secretary of State Raffensperger and the Georgia Attorney General’s Office, who compounded public misunderstanding when they objected to breaking scanner ballot box seals, although the previously existing Election Code Rules (1-183-12-.12(a)(5) and (6)) have historically required the removal of ballots from sealed scanners for secured transport to the election office. Also, Secretary Raffensperger’s own instructions require poll workers to “confirm the number of voted ballots being transferred” to the election office, but have not been consistently obeyed, leading to tabulation errors and the need for additional instructions to improve ballot quantity reporting accuracy through the Ballot Accounting Rule.
“Attorney General Carr based his widely-quoted flawed opinion that Ballot Accounting may not be legally authorized, relying on outdated laws for central tabulation vote counting, --a vote tabulation method not used in Georgia for Election Day ballots, as our petition details. By arguing inapplicable law, Carr further misled and confused the press and public. Litigants and amici challenging the Ballot Accounting Rule filed court documents in multiple cases, echoing Carr’s faulty analysis, arguing violations of laws that don’t apply here,” said Marks. “It’s time for the misinformation and politicization of election security measures to stop.”
Key Aspects of the Proposed Emergency Rule
• Mandatory Election Night Ballot Accounting: Poll officials must account for all Election Day ballots before transferring them to the central office. The rule ensures that all valid ballots will be included in audits and recounts, and addresses a common source of certification tabulation errors.
• Timely Certification: Even in the case of unresolved discrepancies, counties are required to complete certification by the statutory deadline, with Ballot Accounting discrepancies documented and reported to the Secretary of State early in the canvassing process.
• Avoiding Canvassing Delays and Disputes: The rule seeks to prevent post-election disputes by timely addressing discrepancies on Election Night, under the observation of poll watchers and officials, rather than leaving issues unresolved until canvassing and certification.
“We urge the State Election Board to meet this week to adopt this emergency rule,” Marks stated. “The Board owes prompt remedial action to county officials, Georgia voters, and candidates, after the Board's mismanagement of the adoption of the September rule. We call on Secretary Raffensperger and Attorney General Carr to support these efforts and curtail their misleading divisive communications. Swift and decisive action by state officials is essential to ensure clarity and protect local officials’ efforts to fairly administer the demanding November election.”
CGG’s full petition with supporting rationale and detail is linked here.
CGG has previously written about the SEB Wars including the “hand count” issue. We provide those reports for your background reference.
September 28 , September 24, August 18, and July 16.
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