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By Dan Gooding and Gabe Whisnant
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Georgia's highest court has struck down a slate of election proposals backed by Trump-aligned officials, ruling the measures exceeded the authority granted under state law.
The Georgia Supreme Court unanimously rejected seven rule changes advanced by members of the State Election Board, including controversial efforts to mandate hand-counting ballots, impose stricter voter ID requirements for ballot drop-offs, and compel county officials to scrutinize election documents and delay certification without a "reasonable inquiry."
"This is a resounding affirmation of voters' rights," Theresa Lee, senior staff attorney at the ACLU Voting Rights Project, told Newsweek in a statement. "The Court recognized what we've argued all along — that this rule was unlawful and entirely unnecessary."
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The State Election Board directed Newsweek's request for comment to James Hall, an individual plaintiff. Newsweek reached out to Hall via phone and text for comment Tuesday afternoon.
Why It Matters
The ruling comes at a time when lawmakers across the United States are grappling with election integrity and security, with various attempts to introduce voter ID requirements. President Donald Trump has called for tighter restrictions on how and when voters can cast their ballots.
What To Know
The decision comes in response to a lawsuit from advocacy groups, including Eternal Vigilance Action, who argued the board overstepped its legal bounds, delivering a sharp rebuke to Trump-backed attempts to reshape Georgia's election process.
Trump had repeatedly cast doubt on Georgia's election integrity, following his loss in the state in the 2020 election.
The board stated in September 2024 that it was implementing changes "to ensure the secure, transparent, and accurate counting of ballots," but the plans to hand-count votes and introduce partisan poll watchers immediately drew criticism.
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Alongside the Eternal Vigilance Action, the American Civil Liberties Union (ACLU) and other groups sued, fearing that votes could go uncounted during November's presidential election if the new rules were implemented so close to Election Day.
The Republican National Committee then took the issue to Georgia's Supreme Court, which ruled Tuesday that four of the seven challenged State Election Board changes were invalid.
Those seven rules in question were:
- That county election boards conduct a "reasonable inquiry" before certifying the results of an election.
- That election board members are permitted to examine all election-related documentation before certifying results.
- That precinct workers count ballots by hand after the close of polls.
- That the total number of votes, as well as the specific number of early and absentee votes, be reported daily and made available on a website or in a public place accessible 24 hours a day to the public.
- That poll watchers be allowed access to an expanded list of areas where votes are tabulated.
- That family members or caregivers provide photo identification when dropping off an absentee ballot for another voter at certain ballot drop-off locations.
- That absentee drop boxes at early voting locations be under video surveillance outside of voting hours.
The court found only number 7 on the list was valid, while it did not have the power to decide on numbers 4 and 5.
The justices stated that the State Election Board lacked the authority to enact the four remaining rules it had proposed.
What People Are Saying
Theresa Lee, senior staff attorney at the ACLU Voting Rights Project, in a statement to Newsweek: "Today's decision safeguards not just the letter of Georgia election law, but the democratic principle that every vote must be counted accurately and without interference."
The Georgia Supreme Court ruling: "The Court has determined that the four rules exceed the State Election Board's statutory rule-making authority, which the Court narrowly construes to avoid violating the Georgia Constitution's nondelegation doctrine, which prohibits each branch of state government from delegating its power to a different branch."
What Happens Next
The Supreme Court sent the case back to the trial court for it to consider whether one of the plaintiffs, James Hall, a member of the Chatham County Board of Elections, has standing to challenge the two rules not considered by the higher court.
Update 6/10/25, 12:50 p.m. ET: This article was updated with additional information.
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