Updated Oct 16, 2024 - Politics & Policy

Georgia judge blocks election rule mandating hand-counting of ballots

Rebecca Falconer

Lee County poll workers Debbie Jack (L) and Donna Mathis (R) practice counting ballots as part of new election hand count rules by the Georgia State Election Board, in Leesburg, Georgia on October 2, 2024. — Lee County poll workers practice counting ballots in Leesburg, Georgia, earlier this month in response to the Georgia State Election Board announcing hand-count rules. Photo: Becca Milfield/AFP via Getty Images

A new Georgia election rule that would require counties to hand-count ballots in November's presidential election was temporarily blocked by a judge in the state on Tuesday night.

Why it matters: There were concerns the Georgia State Election Board's decision could delay the swing state's election results or sow confusion, but Fulton County Superior Court Judge Robert McBurney's preliminary injunction means it's unlikely to go into effect until after Election Day on Nov. 5.

The ruling that came as early in-person voting began in Georgia on Tuesday amid a record turnout was a blow for former President Trump, who publicly praised the SEB's 3-2 majority decision after it passed last month.

Driving the news: Cobb County election officials in the Atlanta metropolitan area challenged the SEB decision, with support from the Democratic National Committee and state Democratic Party, warning it could bring "election night chaos."

McBurney said in the eight-page ruling that the SEB clearly believes "the hand count rule is smart election policy — and it may be right," but he added the "timing of its passage makes implementation now quite wrong."
Members of the public are "not disserved by pressing pause," the judge said in the ruling that's likely to be appealed.
"This election season is fraught; memories of Jan. 6 have not faded away, regardless of one's view of that date's fame or infamy. Anything that adds uncertainty and disorder to the electoral process disserves the public," he added.

State of play: Under the election board's rule that Georgia Secretary of State Brad Raffensperger (R) called "misguided," three sworn poll officers at each polling place would've had to independently hand-count ballots on Nov. 5 or 6.

Results would have to match those of the scanner recap forms and inconsistencies would be resolved and documented by the poll manager.
McBurney called such requirements "too much, too late."

Go deeper: Georgia counties must certify election results, judge rules

Editor's note: This article has been updated with new details throughout.

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Georgia judge blocks election rule mandating hand-counting of ballots

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