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A vote by the State Election Board late last week that will require a hand count of all ballots after polls close on election night is bringing mixed reactions by both Republicans and Democrats. Under the new rule, the poll manager and two poll officers would unseal ballot boxes, count the ballots, compare them to the machine count and resolve any discrepancies between the two. It does not include a count of which candidate received more votes. The vote total would be reported separately. 

“This is a common sense rule that increases public confidence at a time when there is a crisis in voter confidence.” said Josh McKoon, chairman of the Georgia GOP. “There has been a lot of confusion about this rule. The purpose of this rule is to match the number of ballots with the number of votes cast to ensure accuracy. This is just another step in accuracy and accountability, and I don’t see anything wrong with that.” 

The board approved the hand-counting rule 3-2 during an 8-hour meeting last Friday. 

While proponents join McKoon in saying that the new rule will make state elections more secure and transparent, John Fervier – Chairman of the State Elections Board – cautioned against passing the rule. He said the board was putting itself in legal jeopardy because it lacks the statutory authority to implement the measure and says it’s an issue that should be decided by the Georgia Legislature. 

In a memo to the State Election Board, Georgia Attorney General Chris Carr said the hand count of ballot rule is not at all supported by state law. Carr said other proposed rules were likely an overstep of board authority, too. 

However, Board member Janelle King took offense at being reminded of the apparent conflict, accusing Fervier of inviting lawsuits.  

“It’s an opinion and I respect the opinion,” King said of Carr’s memo. “But the opinion doesn’t mean that we have to take it. I can also show that we have, in our code, we have the ability to set these rules in place. And that’s what we’re going to do.” 

Georgia Secretary of State Brad Raffensperger sent out a statement on Friday following the meeting that said: “the state attorney general stated ‘that these rules would not withstand a legal challenge.’ I have worked every day to strengthen Georgia’s election law to ensure our elections remain safe, secure, and free.” 

Some elections officials from counties across the state have expressed concerns about the rule. “We have people who will have worked all day at the polls but will then be required to hand count the number of ballots,” said one county elections official who asked to remain anonymous.