"Marks tells me that many of the organizations and media outlets misreporting the rule and state law "are from out of state. They are assuming that Georgia is like a normal state, and that Georgia actually has good elections, that numbers reconcile, that ballots are counted well. The problem is that Georgia does not have a reasonable system for counting ballots." She argues that Dems may want to be careful about what they wish for when fighting against "reasonable inquiry" regarding results this year…."What these rules actually do is help the Democrats," Marks argues. "Because they are going to need to do everything possible to protect --- if Harris wins, and you know it's going to be close --- if Harris wins, they'll have to do everything possible to protect that win. And without some of these transparency measures, they would have a hell of a fight.””
GA Election Board's Controversial New Rules May 'Actually Help Democrats': 'BradCast' 8/19/2024
Guest: Election expert Marilyn Marks of Coalition for Good Governance; Also: A breakthrough in Israel/Gaza cease-fire negotiations?...
By BRAD FRIEDMAN on 8/19/2024, 6:22pm PT
We've got a bit of a contrarian view on today's BradCast on a few recent, reportedly alarming election developments in the battleground state of Georgia. But that contrarian view happens to come from one of the nation's most knowledgeable experts when it comes to the way the Peach State runs their elections. [Audio link to full show follows this summary.]
Then, you may have heard in recent days, about loud concerns from Democrats regarding new rules for this November's elections being promulgated by the Georgia State Board of Elections. The SEB is a five-person board with four appointed Republicans, three of whom are dyed-in-the-wool MAGA election deniers, and just one Democrat. The three MAGA members were recently called out by name by Donald Trump during one of his recent rallies in Atlanta, where he described the three as "on fire", "doing a great job", and "pit-bulls fighting for honesty, transparency and victory."
Of course, state elections boards are supposed to be largely neutral facilitators of state election law, as opposed to fighting for "victory" for any particular candidate or party. But, apparently, that's not the case in Georgia these days, where the SEB has adopted a number of new rules --- pushed by some notorious GOP "voter fraud" villains --- which critics on the left describe as a threat to the integrity of this year's elections in the state.
In short, the critique is that the new rules, allowing the state's 159 county boards of election to carry out a "reasonable inquiry" into allegations of fraud, error or miscount during the canvass before certifying results as "true and accurate" in their county this November, could end up delaying the ministerial and mandatory certification of results beyond the state and even federal deadlines. That would result in chaos that could take the decision of who won the election away from voters, and hand it to the far-right Republican-majority state legislature to determine, or to the Trump-packed courts, or even to a GOP-majority in the U.S. House to determine who will become the next President.
As Rolling Stone recently reported, there is reason to be concerned about MAGA election officials who may try to block certification --- in the event Trump loses again --- in a bunch of battleground states. Moreover, a bunch of otherwise respectable media outlets --- from The Guardian, to the New York Times to the Washington Post to even ProPublica and Rachel Maddow --- have all been misreporting in recent days that these new rules would allow election official to delay certification beyond Georgia's deadline for county certification of 5pm on the Monday following the election.
But my guest today says that is not only inaccurate, but that Democrats may ultimately be shooting themselves in the foot by putting up such a fight against the notion that a "reasonable inquiry" may be in order in a number of counties this year, given the opaque, unverifiable, insecure touchscreen voting systems forced on voters at the polling place by Republican Sec. of State Brad Raffensperger and the terrible way in which he runs elections in the state.
We're joined once again today by MARILYN MARKS, Executive Director of the non-profit Coalition for Good Governance (CGG). Her organization successfully sued the state of Georgia in federal court in 2019 to ban the state's 100% unverifiable touchscreen voting systems made by Diebold back, only to see Raffensperger replace them with newer 100% unverifiable and insecure touchscreen voting systems made by Dominion. (CGG's lawsuit continues, following a trial earlier this year to ban the new systems as well. They still await a verdict from the same federal judge who banned the older systems, and hope to seem them finally replaced with verifiable hand-marked paper ballots. Marks is also the one who first exposed Team Trump's unlawful breach, copy and distribution of Georgia's statewide voting system software in Coffee County, resulting in the indictments of five co-conspirators, including Sidney Powell, in Fulton County D.A. Fani Willis' sprawling conspiracy case against Donald Trump for his attempts to steal GA's 2020 election.)
Marks argues today that the SEB's new administrative rule language, allowing for "reasonable inquiry", cannot be used to block certification. She says the worries are unwarranted, as administrative rules cannot be used to overcome statutory deadlines for certification. (Law professor Derek Muller recently appeared to agree with her.) She concurs that Republicans are likely to try and bollocks up this year's election any way that they can --- in Georgia and elsewhere --- but that the SEB's new rules for "reasonable inquiry" about election results, and a similar one allowing county election officials to review "election-related documentation" before mandatory certification, are not quite as alarming as many Democrats are warning.
Marks tells me that many of the organizations and media outlets misreporting the rule and state law "are from out of state. They are assuming that Georgia is like a normal state, and that Georgia actually has good elections, that numbers reconcile, that ballots are counted well. The problem is that Georgia does not have a reasonable system for counting ballots." She argues that Dems may want to be careful about what they wish for when fighting against "reasonable inquiry" regarding results this year.
"What these rules actually do is help the Democrats," Marks argues. "Because they are going to need to do everything possible to protect --- if Harris wins, and you know it's going to be close --- if Harris wins, they'll have to do everything possible to protect that win. And without some of these transparency measures, they would have a hell of a fight."
If she's right, why then are so many respectable media outlets misreporting the actual rules changes? "I think it's a game of telephone, that somebody started this, saying, 'Oh, they adopted a rule to delay certification...' And then nobody is going back and looking at the actual words of the rules that were actually passed. The rules that were passed actually reinforce the deadlines." CGG makes that abundantly clear in a detailed fact-check newsletter sent to members on Sunday night.
And why, then, are so many of the GOP "voter fraud" fraudsters --- from Trump to Cleta Mitchell to Hans von Spakovsky --- pushing these measures so hard at the State Elections Board in Georgia?
"Yeah, it's worrisome who is promoting it," Marks concedes. "But the Democrats should be one-upping them, and promoting these very same concepts, but doing it with better legal language, with more precision. And doing do it to be certain that they, the Democrats, are not sitting outside with their noses pressed against the windowpane, not able to figure out what's going on with the vote-counting" in November. "Let's don't make it easier for the people who have already told us, 'We are going to try to upend the election if we don't like the results,'" she warns.
As CGG concluded their fact-check newsletter last night: "In Georgia, it should be clear that more election transparency, citizen oversight, accuracy, and accountability are essential—not less!" Tune in to today's show for much more on this topic, from someone who knows Georgia elections better than just about anyone at this point. You may feel somewhat better about what the SEB is doing...or you may not...even if there is still plenty of reason to be concerned about this year's elections --- in Georgia, and everywhere else...