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US election: Georgia judge blocks hand counting rule for Election Day ballots

Fulton County Superior Court Judge Robert McBurney looks through paperwork. Monday, 13 August 2023 in Atlanta.
Fulton County Superior Court Judge Robert McBurney looks through paperwork. Monday, 13 August 2023 in Atlanta. Copyright  AP Photo/Brynn Anderson, File
Copyright AP Photo/Brynn Anderson, File
By Oman Al Yahyai with AP
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The ruling ensures election results will be certified on time, marking a victory for Democrats and voting rights groups who feared delays could undermine the election process.

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A Georgia judge has blocked a new rule requiring ballots submitted on election day to be counted by hand after polls close, marking a victory for Democrats and voting rights groups concerned about potential disruptions to the US presidential election.

Fulton County Superior Court Judge Robert McBurney issued his decision just a day after he ruled that county election officials must certify election results by the legal deadline, preventing any refusal to certify based on unfounded concerns of fraud. 

The hand-count rule, introduced by the State Election Board, was intended to mandate that three poll workers manually count ballots after voting ended. 

However, McBurney ruled that the measure was introduced too late and lacked sufficient guidelines, training, or budget provisions, creating the risk of “administrative chaos” in an election just weeks away. 

The rulings have been hailed by Democratic groups and the Harris campaign as crucial to ensuring the election runs smoothly and on time, especially as early in-person voting began in the state. 

They argue that the hand-count rule was designed to delay election results and undermine confidence in the outcome, especially if former President Donald Trump were to lose to Vice President Kamala Harris in the upcoming presidential election. 

McBurney’s rulings follow concerns that Trump-endorsed State Election Board rules could be used to block or delay certification, echoing the former president’s attempts to overturn the 2020 election results. 

The judge emphasised that nothing in Georgia law permits county election officials to refuse certification or decide whether fraud has occurred, with their role limited to sharing concerns with the appropriate authorities.

The decision comes amidst a wave of lawsuits over new election rules passed by the State Election Board since August, further complicating the run-up to next month’s presidential election.

Georgia was one of the Trump campaign's top targets for spurious lawsuits and false claims of widespread fraud after the former president lost it to Joe Biden in 2020, but their efforts came to nothing.

Trump himself is facing a criminal indictment in the state over his efforts to pressure state officials to "find" enough votes to flip the state his way.

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