The State Election Board in Georgia has recently passed a rule that could potentially alter the landscape for certifying election results. The new regulation, approved by a narrow 3-2 vote, mandates local election officials to conduct a 'reasonable inquiry' to ensure that the tabulation and canvassing processes are complete and accurate before certifying the results. This rule is scheduled to take effect shortly before the upcoming November elections.

Republican board member Janice Johnston, a proponent of the rule, argued that it only introduces minimal changes to the existing procedures. 'If elections are conducted fairly and legally and accurately, most of the time, they are certified,' Johnston stated. 'So it's not the end of the world. We're not asking the board to do a full election audit or a forensic audit. We're just asking for a reasonable inquiry.'

However, this rule has not been without its detractors. Critics, including Democrat state representative Sam Park, label it as a 'MAGA certification rule.' They argue that it creates the potential for significant delays in certifying election results, particularly in closely contested elections. Park voiced his concerns during a press conference, stating, 'These are MAGA certification rules, and they are in direct conflict with Georgia law.'

The controversy surrounding this new rule is heightened by its timing. The Georgia State Election Board's decision comes mere months before a highly anticipated election, with Georgia being a crucial battleground state. The tension is further escalated as the rule gives local election boards the discretionary power to certify or withhold election results based on the presence of discrepancies, a move seen by some as an attempt to introduce uncertainty into the electoral process.

Democrats and voting rights advocates have expressed their worries about the ambiguity of the term 'reasonable inquiry.' John Fervier, the board chairman, who was appointed by Governor Brian Kemp, joined the Democrat on the board to vote against the rule. Fervier remarked, 'I also believe there should be some guardrails around that. There don't appear to be any guardrails around that process.'

Nikhel Sus, deputy chief counsel at Citizens for Responsibility and Ethics in Washington, echoed these concerns, arguing that the subjectivity of 'reasonable' could lead to arbitrary decision-making across different counties. 'The word 'reasonable' is inherently subjective,' Sus noted. 'This sort of open-ended language invites arbitrary and patchwork decision-making across counties.'

The newfound discretion granted to local election boards could also draw legal challenges. According to current laws, the authority to investigate and resolve discrepancies traditionally falls to district attorneys, courts, and other entities, not the election boards themselves. Given these legal intricacies and the contentious atmosphere, a lawsuit challenging the rule's legality appears imminent.

This debate is not new to Georgia. The state has been a focal point of election-related controversies since the 2020 presidential election. During that election, former President Donald Trump and his allies sought to overturn the election results in Georgia, resulting in multiple legal battles. The latest rule has been seen by some as a continuation of these efforts, with accusations that it serves to undermine confidence in the electoral system.

The rule's supporters, including Janice Johnston, argue that it ensures the integrity of the election results. 'We're saying that we stand with those who must sign legal documents attesting to the accuracy of the information and ensuring they have what's necessary to stand by those legal documents,' Johnston said in defense of the rule.

On the opposite side, Sara Tindall Ghazal, the sole Democrat on the board, voiced her objections by highlighting that the rule violates state law. 'The statute still mandates that counties certify by 5 p.m. on Monday after the election, and they will be in violation of state law if they refuse to certify,' Ghazal stressed.

As this new rule takes effect, Georgia is preparing for another critical election cycle. The rule's impact remains to be seen, but it has undoubtedly set the stage for further political and legal battles. As the nation watches, Georgia will continue to play a pivotal role in shaping the future of U.S. elections.