What To Know About the MAGA-Run Georgia Board Trying to Delay Election Certification https://t.co/JsleLC0DP9 via @TPM
— Josh Marshall (@joshtpm) August 13, 2024
The rule change passed by the GOP-run State Election Board gives that very board — which is meant to hold a largely ministerial responsibility in the certification process, according to state law — the power to not certify election results until a “reasonable inquiry” into any discrepancies in the voting process at the county level has been conducted by election officials there. The problem is, the full text of the new rule does not define what constitutes a “reasonable inquiry.”....“We have a process that has been understood to be largely ministerial,” said election integrity consultant David Levine. “We have a process that has largely been accurate, and we now are talking about a change being made close to the election that could substantially change how boards go about reviewing the certification results.”'
"Ministerial" is the key word, there. At law, it means an obligation of a public official for which there is no discretion. The rule change by the State Election Board does not have the force of law to change Georgia election law. Only the state legislature (or a duly authorized judge) can do that. And if, at law, their role is "ministerial" (not unlike the role of the VP on January 6 every four years), then a writ of mandamus will issue in a timely fashion and take the issue out of their hands, however much they might protest that they need to conduct a "reasonable inquiry."
"Reasonable" is a legal term of art, too. Good luck trying to turn that into a weasel word in a court of law.
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