In a significant development for Georgia politics, Governor Brian Kemp has been informed by Attorney General Christopher Carr that he is not obligated to investigate pro-Donald Trump members of the State Election Board. This ruling, beneficial for the former president, stems from an opinion issued on Friday where Carr clarified that Georgia law does not allow citizens to initiate a hearing process simply by submitting information.
In August, three Republican members on the Election Board, leveraging their new majority, pushed through controversial new rules aimed at altering election procedures before the November elections. These include expanded powers for local boards to investigate vote counts prior to certification. Georgia Democrats responded by urging Governor Kemp to look into these board members’ actions.
The revised regulations permit local election offices to launch a “reasonable inquiry” when discrepancies arise, and they can delay certification until such inquiries are completed. However, terms like “reasonable inquiry” remain undefined, raising concerns over potential misuse by county officials to stall final results in this battleground state.
Opponents of the new rules have criticized their vague language and the process by which they were approved, especially since a key meeting was held without the board’s chair or any Democratic presence.
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Responding to the dissent, Kemp sought guidance from the attorney general regarding his power to remove State Election Board members. Following Carr’s conclusion, Max Flugrath, communications director for the voting rights group Fair Fight Action, stated on X that the governor has a clear duty to act, criticizing the AG’s opinion for leaving a “gaping hole” in accountability.
Flugrath pointed to Georgia Code § 45-10-4, which indicates that if formal charges against Election Board members are substantiated, the Governor is required to remove them from office.
Legal expert Norman Eisen echoed Flugrath’s sentiments, labeling the attorney general’s ruling a “shocking abdication of responsibility.” He emphasized that leadership should confront illegality rather than avoid it.
Democratic Senator Nabilah Islam Parkes also condemned Carr’s opinion, claiming it shields the election board members’ questionable actions, which she described as intellectually dishonest.
In response to the situation, Kemp’s spokesperson, Garrison Douglas, affirmed that the governor intends to adhere to state laws and constitution as he has previously.
In a broader context, Georgia became a focal point after Joe Biden narrowly won the state in 2020 by 11,779 votes, marking a historic shift away from Republican dominance. This victory, confirmed by a manual recount, was met with allegations of fraud from Trump and his allies, all of which were dismissed due to lack of evidence.
Trump’s ongoing legal battles include a recent indictment in Fulton County on serious charges related to his alleged attempts to overturn the election results. He has pleaded not guilty, with proceedings still in progress.
As Trump solidifies his 2024 presidential bid, concerns about potential interference in the upcoming election intensify, especially after his statement regarding the necessity of “honesty” in election results.