Election board in crucial swing state sued over dispute on who will monitor election results

Fulton County, Georgia, sued the Georgia State Elections Board this week in what was the latest development in an unfolding battle between the two entities over how to monitor and ensure election integrity in November.

The county board filed the lawsuit on Monday, The Associated Press reported, asking a judge to declare that the state board lacks the authority to force it "to accept, and Fulton County to pay for, additional monitors for the 2024 election that have been hand-picked by certain State Election Board members."

"The State Election Board has no statutory authority to force the Fulton County BRE [Board of Registration and Elections] to accept, and Fulton County to pay for, election monitors hand-picked by the State Election Board," the lawsuit says.

On Tuesday, the Georgia State Elections board responded by voting 3-2 to subpoena a trove of 2020 election documents from the Fulton County clerk of court, the Atlanta Journal Constitution reported.

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 People arrive to cast their vote during the early voting. (Christopher Mark Juhn/Anadolu via Getty Images)

The State Election Board in May found that the county violated some parts of the state election code. It voted to issue a letter of reprimand, which included instructions for an agreement on a mutually acceptable monitor to be entered into by the board’s August meeting.

However, the county and state election boards have been unable to reach an agreement. The county favors a team it has already approved that was proposed by Ryan Germany, a former chief lawyer for the secretary of state’s office, and the Atlanta-based Carter Center. The Trump-endorsed majority on the State Election Board has proposed an alternative slate that includes people who questioned the results of the 2020 presidential election.

An Aug. 19 legal opinion, written by state Attorney General Chris Carr and obtained by The Associated Press, says final decisions of the State Election Board are "preclusive" and that "re-litigation of all claims which have already been adjudicated, or which could have been adjudicated, is therefore prohibited." Fulton County attorneys assert that the approval of the motion at the May meeting and resulting reprimand meant the case is closed and cannot be reopened, and that "argument is likely correct," Carr wrote.

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Georgia Secretary of State Brad Raffensperger is seen here at the National Association of Secretaries of State winter meeting on Feb. 16, 2023. (AP Photo/Patrick Semansky, File)

When asked about the attorney general’s guidance, Johnston said, "That was opinion. That’s not a legal finding. That was their advice or opinion. We have different opinions about that."

The Republican majority on the State Election Board repeatedly said during meetings in August that they did not approve of the county’s team. However, the county board reaffirmed its selection, and county commissioners voted to approve the contract days later.

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Georgia State Capitol in Atlanta. (Getty Images)

A Republican official told Fox News Digital that what the Georgia State Election Board is doing is "delegitimizing Republican governance in the state."

"They don’t know what they’re doing. Today hit the high water mark when they investigated a county over voter challenge rejections that didn’t have any voter challenges, period."

'The recent development comes a week after the Georgia State Election Board sparked controversy by voting 3-2 to approve a rule that requires poll workers to count the number of paper ballots by hand after voting is completed in a decision that was opposed by the state attorney general’s office, the secretary of state’s office and an association of county election officials but supported by many conservatives.

The new rule, according to the Associated Press, requires that the number of paper ballots — not the number of votes — be counted at each polling place by three separate poll workers until all three counts are the same. If a scanner has more than 750 ballots inside at the end of voting, the poll manager can decide to begin the count the following day.

The Associated Press contributed to this report.