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Cox permanently struck down Rule 183-1-12-.12 (a) (5), which aimed to ensure that the number of physical ballots counted on Election Day matches the machine count total at the precinct level. //
While Cox justified blocking the rule under the guise that “all rules enacted by the SEB must be consistent with the Existing Election Code,” SEB member Janelle King noted during a hearing on the proposal that several Georgia counties already conduct ballot reconciliation by hand and that this rule would simply be creating uniform guidance, as allegedly required by state statute.
“I just want to point out that according to our Georgia code, the role of the [SEB], part of our role, is to ‘promulgate rules and regulations to define uniform and nondiscriminatory standards,’” King said, reading from what she indicated to be state election code. “As we stated several times, having some counties counting by hand and some counties not, does not establish uniformity. This rule will do that, and we do have the ability to do that.” //
Cox’s decision further nullified one rule requiring voters to present a photo ID and sign their name when dropping an absentee ballot at a drop box, a rule that would require surveillance cameras at each drop box, a rule that expanded the area where poll watchers could be positioned, and a daily reporting rule, which as described by Cox, would expand the daily reporting (already defined in Election Code) to include weekend reporting.