This was a much needed victory for Trump.
Georgia Governor Brian Kemp is not obligated to investigate the actions of pro-Donald Trump members of the State Election Board who attempted to alter election procedures, according to a recent statement from Attorney General Christopher Carr. This development is a significant boost for former President Trump.
In an opinion released on Friday, Carr, who is also a Republican, clarified that Georgia state law does not allow a citizen to simply present information to the Governor to prompt an investigative hearing. This ruling means that Governor Kemp is not required to take action against the Election Board members who have pushed for new, controversial rules ahead of the November election.
In August, three Republican members of the State Election Board, leveraging their new majority on the five-member panel, advanced a series of contentious rules. These rules include expanding the powers of county election boards to investigate vote discrepancies before certifying results. Georgia Democrats had urged Kemp to investigate these board members and potentially remove them from their positions.
Under the new regulations, local boards can initiate a “reasonable inquiry” when discrepancies are noted, and they have the authority to withhold certification until this inquiry is resolved. However, the rules are criticized for their vague language regarding what constitutes a “reasonable inquiry” and lack of clear limits on the scope of such investigations.
Critics argue that these changes could be used by county officials to delay the certification of election results in Georgia, a key battleground state. Charles S. Bullock, a public affairs professor at the University of Georgia, has expressed concern that these ambiguous rules could indeed lead to delays.
Following these developments, Kemp sought legal counsel to determine if he had the authority to remove the Election Board members in question. After Carr’s opinion, Max Flugrath from Fair Fight Action, a Georgia-based voting rights organization, argued that the Attorney General’s ruling leaves a significant gap in accountability, citing Georgia Code § 45-10-4, which he believes mandates the Governor to act if charges against board members are proven true.
CNN legal analyst Norman Eisen also criticized the ruling, describing it as a “shocking abdication of responsibility,” and emphasizing that true leadership involves addressing issues directly rather than avoiding them.
Democratic State Senator Nabilah Islam Parkes accused Carr of providing cover for what she views as partisan board members, while Garrison Douglas, a spokesperson for Governor Kemp, reiterated that the Governor will adhere to state laws and the constitution.
In the context of past elections, the 2020 presidential race saw Joe Biden narrowly win Georgia, marking the first time in decades that a Republican candidate lost the state. Despite a manual recount confirming the results and dismissals of subsequent lawsuits challenging the outcome, former President Trump has faced legal issues related to alleged efforts to overturn the results, including a recent indictment on charges related to election interference.
As Trump now leads the 2024 Republican presidential ticket, concerns persist about potential challenges to election results. Trump has stated he will accept the results if they are “honest,” but has also suggested he would contest them if he perceives any dishonesty.
