In a recent ruling, Georgia-based Judge Robert McBurney halted a proposed mandate necessitating manual counting of votes once the polling booths close up after November 5. McBurney, from the Fulton County Superior Court, noted in his decision on Tuesday that the proposed ‘hand counting regulation’ was a costly and ill-timed measure.
The regulation, which came into effect following a slim 3-2 majority vote in the State Election Board (SEB), was principally backed by three individuals who were staunch advocates of the previous U.S. President, Donald Trump. The regulation would have placed the responsibility upon polling officers to perform a manual tally of ballots post the machine count.
Judge McBurney, reflecting on the contentious environment surrounding the upcoming elections, commented in his order that the rough and raw recollections of the January 6, 2021 events are yet to be forgotten, irrespective of individual standpoints on those events. He expressed concern that adding any instabilities to the electoral process would be to the detriment of the public.
In his judgement, McBurney observed that the proposed ‘hand counting rule,’ on face value, seemingly aligns with the SEB’s primary charter to conduct fair, legitimate, and structured elections. However, he brought to light its potential negative implications.
He cautioned that the introduction of a new procedure, particularly one of such significance, on the brink of the election could pose a risk. Especially considering, the approximate 7,500 polling officials would have no centralized, comprehensive, or standardized training, and would have to handle physical ballots several times, post a stressful Election Day, prior to their official and secure transportation to counting centers.
This, McBurney contended, would hardly de-escalate tensions or enhance public confidence heading into this crucial election cycle.
It was the Democratic National Committee (DNC), the Georgian Democratic Party, as well as Democrats serving on multiple county election boards, notably in Cobb County, who initially petitioned to challenge the hand count rule. In their plea, Cobb County board members claimed the regulation would effectively revamp the established Georgian electoral methodology at a critical junction just before elections.
Defending the SEB during the hearing on Tuesday was an argument that contended the poll officials could quickly be trained on the new manual counting procedures. However, this argument was not strong enough to sway Judge McBurney’s decision.
Notably, Judge McBurney was initially appointed to his role by former republican governor of Georgia, Nathan Deal. McBurney has expressed concerns earlier about the SEB’s hand counting regulations, during a hearing at the beginning of the month. He pointed out then that he considered the regulations to be imprecise and in dire need of more distinct definition.
In his Tuesday ruling, McBurney also mandated that county election officials must certify the election results by the predefined legal cut-off time. This effectively means that votes must be certified by 5 p.m. ET on the Monday post-election, or by Tuesday if Monday coincidentally falls on a public holiday.
McBurney reinforced that under no condition can any election official refuse or abstain from certifying the election results, even if suspicions of error or manipulation arise. Early voting began on Tuesday in Georgia.
Georgia, a poll battleground, is projected to witness a neck-and-neck competition between Trump and Vice President Kamala Harris come November. The state’s 2020 election results were under intense scrutiny from Trump and his supporters which led to a comprehensive criminal conspiracy lawsuit against the former President. He was alleged to have tried unlawfully to reverse his defeat in the state to current President Joe Biden.
Despite lack of any substantiated evidence, the ex-President maintains that the 2020 election was unfairly rigged against him. He also faces charges of four federal felonies in Washington, D.C., linked to his pursuit to nullify national election outcomes.