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Please send before or by noon on August 5, 2024.
Subject: SEB Written Public Comment Addressing Revisions to Subject 183-1-12-.02. Definitions
Dear Members of the Georgia State Election Board,
My name is ____ and I am a (please choose the option that applies: registered voter, Election Board Member, Election Director, Election official) in ____ county.
I am writing to urge you to reject the petition to revise Rule 183-1-12-.02, which creates a definition for certifying the results of a primary, election, or runoff.
The proposed rule is unreasonable because:
- The proposed definition is far too vague and overbroad. The definition proposed in this petition includes “after reasonable inquiry,” without a definition of that phrase. It is unclear and open-ended what type of inquiry could be done and the time frame that inquiry has to happen within.
- As the code stands, Board members play an active role in our certification process by certifying that the results presented to them by the Election Supervisor represent a complete and accurate count of the ballots. The statute states that they “shall” certify the results, which the Supreme Court of Georgia has stated makes that certification a ministerial process, rather than a discretionary one. There needs to be a legitimate and evidence-based reason for a board not to certify an election. When an election is not certified based on speculation, this sows fear and distrust in our democratic process. This in turn also creates more harassment towards our election officials.
- Allowing the board members to have this level of discretion above and beyond the limits of their statutory authority could lead to inconsistencies in how election results are certified across different jurisdictions. What one board considers "reasonable inquiry" might differ from another, potentially impacting the uniformity and reliability of elections being certified across Georgia.
“Pursuant to O.C.G.A. § 50-13-4(a)(2), I request that the Board include this comment in the rulemaking record and, if the Board ultimately adopts the Proposed Rule, we request that it issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption as required by statute.
Sincerely,
Your name