ATLANTA — The Democratic National Committee, the Democratic Party of Georgia, and others filed a lawsuit against the State Election Board on Monday afternoon, just months before the November election.
The suit comes as critics claim the board's new rules will benefit people who might challenge election results. The petition, filed in Fulton County, claims the State Election Board has tried to "upend the required process for certifying election results."
Some of the gripes listed in the lawsuit state that under the new rules, elections officials will have to conduct "a reasonable inquiry" before the results are certified and permit county board members to examine election-related documentation created while elections are conducted.
The plaintiffs want the court to "prevent chaos" in the November election. The suit further states that Georgia law has already established a place for election contests -- which is a separate process done outside of certifying results. They are also concerned that a "reasonable inquiry" could delay the certification process.
"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 states. "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."
Earlier in the day, a group of Democrats and others gathered, calling for Gov. Brian Kemp to remove three State Election Board members for allegedly " violating the Code of Ethics and the Open Meetings Act. "
Republican Donald Trump turned some heads earlier this month when he effusively praised three new election board appointees at an Atlanta rally. Since then, election board members Janice Johnston, Janelle King and Rick Jeffares have led the board in imposing the new rules that make it easier to challenge election results.
That's precisely what Trump wanted to do in Georgia four years ago.
"We need the governor and Republican leadership to step up to be the adults in the room to call out these extremists and tell them what they are doing is wrong," State Rep. Saira Draper (D-Atlanta) told reporters Monday morning.
Around the same time, Kemp released a statement saying he’s seeking a legal opinion to determine whether he has the authority to remove members of the election board if he finds they’ve done something wrong.
In an emailed statement from the Democratic National Committee, Quentin Fulks, the Harris-Walz principal deputy campaign manager, released a statement about the suit.
"Certifying an election is not a choice, it’s the law. A few unelected extremists can’t just decide not to count your vote," Fulks said in part.
11Alive reached out to members of the state election board Monday evening about the lawsuit and is waiting to hear back. However, King previously said that her mission is to ensure that every vote is accurately counted.
"My mission is not to alter the outcomes of past elections but to ensure that every vote is counted accurately and every election is conducted correctly going forward," King previously said. "I take offense at the baseless accusations, the intimidation of those who appointed us, and the outright lies that continue to mislead the public in hopes of garnering votes."