ATLANTA (AP) — Four years away from the 2020 election, Georgia’s newly GOP-aligned Board of Elections is seeking to reexamine voting procedures in the state’s largest county.
The Georgia State Board of Elections voted 3-2 Wednesday to ask state Attorney General Chris Carr to investigate the Fulton County board, seeking to reopen an investigation that ended in May.
The action shows the extent to which Republican anger over the 2020 election continues to galvanize party activists and comes on the heels of Saturday’s rally in Atlanta, where former President Donald Trump tried to re-convict unproven claims that he won Georgia, which President Joe Biden won that year by a narrow margin. He praised the State Election Commission at the same rally.
Spokeswoman Kara Murray said Carr, a Republican opposed by Trump, had not yet received the request.
“We take the integrity of elections very seriously and will follow the constitution, the law and the facts as we always have,” Murray said. “If the evidence supports it, we will not hesitate to prosecute for voter fraud.”
The resolution says that if Carr does not act, the board will try to hire an outside attorney to conduct an investigation.
It is also unclear what could happen if the investigation goes ahead. In the controversial law of 2021, the government was given the authority to take over the election administration in individual municipalities. That provision was always aimed at heavily Democratic Fulton County after an election that an independent observer said was characterized by sloppy practices and mismanagement, but no evidence of intentional wrongdoing.
A trio of Republicans aligned with Trump have taken control of a five-member regulatory council that has no direct role in determining election results but writes rules to ensure elections run smoothly and hears complaints about violations.
Some activists who have long wanted action against Fulton County say the officials should face criminal charges. Those activists have also long called for access to paper ballots for the 2020 election, which could allow for a citizen review similar to the one in Arizona in 2021.
As part of the May decision of an earlier investigation, the board found that Fulton County had miscounted some votes twice. But those who filed the complaint say other issues remain unresolved, such as missing electronic ballots.
“It seems to me that someone is moving heaven and earth to prevent anyone from getting a paper ballot,” said Dr. Janice Johnston, a retired obstetrician nominated to the board by the state Republican Party. “I don’t know why. I’m just interested in data and numbers.”
Wednesday’s decision will likely be met with legal action. The Fulton County Board of Elections sent a scathing letter to the state board stating that May’s decision is final and that the board is legally barred from prosecuting again.
“We will not engage in any further discussions, investigations or other actions related to this case,” Fulton County Board President Sherri Allen said in a statement. “To do so would be a waste of taxpayer dollars and time that is better spent preparing for the upcoming general election.”
John Fervier, the nonpartisan chairman of the House of Commons, tried to block the move, citing a letter from Carr’s office that he said also warned the move was illegal. The Associated Press was not immediately able to obtain a copy of the letter.
“We are putting this government in legal jeopardy by passing this bill,” Fervier said.
Johnston, who led a successful effort to overturn Fervier’s ruling that prevented the move from being considered, said he had been advised by a state GOP attorney that the board could legally move forward. Janelle King, whose appointment tipped the government’s balance of power, said she doesn’t fear a potential lawsuit.
“We need to make sure we’re not afraid to make a move because of that fear, because in some cases that’s exactly the right thing to do,” said King, a conservative political commentator.
This is at least the second time in recent memory that state Republican Party officials or staffers directly advised the board on course of action. Party Chairman Josh McKoon recently sent two proposed rules and talking points to another GOP member, former state Sen. Rick Jeffares.
Part of the agreement reached in May included Secretary of State Brad Raffensperger, the state Board of Elections and Fulton County agreeing to a monitoring team. On Wednesday, however, the board declined to vote on the team proposed by Raffensperger and Fulton County. That’s partly because it included a former general counsel in Raffensperger’s office and the man who followed Fulton’s 2020 election.
Raffensperger’s office declined to comment on the government’s actions. Lawmakers removed him from the voting board in 2021 and disenfranchised him this year, largely due to GOP anger over his defense of Biden’s 2020 victory in Georgia.
At Saturday’s rally, Trump said the three GOP-aligned cabinet members “are all pit bulls fighting for honesty, transparency and victory,” while criticizing Fervier and a Democrat on the panel. He singled out Johnston, who was in the second row and acknowledged Trump’s praise.
“My courage was contagious?” Trump said. “Well, your bravery is contagious too.”
