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The State Election Board (SEB) passed a rule last month that sought to ensure the number of physical ballots counted matches the Election Day machine count total at the precinct level. But after Democrats launched a lawfare campaign, a Georgia judge blocked the rule on Tuesday despite acknowledging it would simply provide “confirmation that the machine counts match reality.”
Rule 183-1-12-.12 (a)(5) stated that “three sworn precinct poll officers” shall count by hand the “number of ballots removed from the scanner … until all of the ballots have been counted separately by each of the three poll officers.” If the machine count total does not match the hand count total, “the poll manager shall immediately determine the reason for the inconsistency; correct the inconsistency, if possible; and fully document the inconsistency or problem along with any corrective measures taken.”
Fulton County Superior Court Judge Robert McBurney himself acknowledged the rule “may be” “smart election policy,” but that “the timing of its passage make[s] implementation now quite wrong.” //
McBurney expressed concern that as of Tuesday, “there are no guidelines or training tools for the implementation of the Hand Count Rule” and no guidance is “forthcoming,” since Secretary of State Brad Raffensperger said his office would be unable to “provide meaningful training” on the rule. Instead of training counties on the rule in the 25 days since it was passed, Raffensperger’s office told counties it would do nothing until the court weighed in, according to a memo obtained by The Federalist. Both Raffensperger’s office as well as the state’s attorney general opposed the rule change. SEB member Janelle King previously told The Federalist she didn’t “understand why there are complaints about the rule change being too close to the election while simultaneously delaying training.”