Supreme Court Justice Brett Kavanaugh’s warning about the potential “chaos and confusion” from hand-counting ballots has been pivotal in a recent legal decision in Georgia. Judge Robert McBurney leaned on Kavanaugh’s insights to dismiss a new election regulation aimed at counting presidential votes.
In September, the Georgia State Election Board—led by Republicans—mandated that three election workers must hand-count all presidential ballots. Critics, particularly Democrats, argue that this rule could unnecessarily complicate the election process in a vital swing state as early voting kicked off just this week.
Judge McBurney acknowledged that although the hand-counting rule might seem beneficial at first glance, it would ultimately create confusion. He issued an injunction against its enforcement, emphasizing Kavanaugh’s warnings about the challenges of hand-counting.
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Kavanaugh’s comments were made during a 2022 case, Merrill v. Milligan, where he noted that the complexity of running statewide elections and the logistical hurdles posed by hand-counting could lead to significant disruptions. He stated, “Running elections statewide is extraordinarily complicated and difficult,” and highlighted the demanding preparations necessary for smooth operations.
In that same case, the Supreme Court found that an Alabama districting plan likely violated the Voting Rights Act.
McBurney, serving in Fulton County, referenced Kavanaugh’s opinion while discussing the impact of the hand-count rule on the upcoming 2024 presidential election, calling the implementation “too much, too late.” He granted a temporary injunction as he deliberates further.
Georgia Secretary of State’s Office spokesperson Gabe Sterling shared that over 328,000 ballots had been cast on the first day of early voting, eclipsing the previous record of 136,000 in 2020. According to Georgia.gov, early voting is available to any registered voter, providing a convenient alternative to avoid crowds ahead of Election Day.