Anna Bower Profile picture
Sep 24 9 tweets 4 min read Read on X
On Friday, Georgia's State Election Board passed a rule that would require poll workers to count ballots by hand.

Could the rule change upend the November election by delaying the reporting of results by weeks or months?

Almost certainly not. 🧵👇

lawfaremedia.org/article/will-g…
As I explain for @lawfare, the confusion seems to stem from a misunderstanding of the distinction between counting *ballots* and counting *votes.*

The rule does not require a hand count of *votes,* which would indeed cause significant delays. 2/

lawfaremedia.org/article/will-g…
Image
Instead, the rule requires a hand count of ballots, meaning the *sheets of paper* that are stored in the scanner at the end of Election Day.

Votes, by contrast, will still be tallied by machine. 3/

lawfaremedia.org/article/will-g…
Image
The rule could cause some reporting delays, but it won't be weeks or months.

In larger precincts, the rule could delay the reporting of election results by a few hours. At worst, a few hours could stretch into a day or two. 4/ Image
But it's also possible that there will be no delays at all. Some states, e.g. Illinois, hand count ballots without major delays. And it seems that nothing in the rule would prevent a precinct from reporting its machine-counted vote tallies before it finishes the hand count. 5/
Of course, even a delay of a few hours can have disruptive effects. The delays are most likely to impact reporting of results in larger precincts in Atlanta, which tend to favor Harris. This could produce the "red mirage" effect that fueled election conspiracies in 2020. 6/ Image
It's also possible that local officials could use minor discrepancies between the machine tallies and the hand count as pretext to delay certification. That would be unlawful and it wouldn't succeed in overturning the election. But it can sow distrust. 7/
lawfaremedia.org/article/will-g…
Image
But there is a good chance that the hand count rule actually won’t be in effect at all when the election happens. The board approved the rule against the advice of the Georgia attorney general's office. Pre-election litigation is expected. 8/ Image
In short, the hand count rule—if it goes into effect, which it probably won't—almost certainly wouldn't delay election results in Georgia by weeks or months.

Read more about the rule and other happenings at the Georgia State Election Board here: lawfaremedia.org/article/will-g…

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More from @AnnaBower

Sep 23
NEW: The new election rules in Georgia will almost certainly *not* hamstring the certification of the state’s electoral votes. And even if certification is delayed, such delays do not open up a legal loophole for Trump to steal the presidency. I explain ⬇️
lawfaremedia.org/article/will-g…
A new Trump-friendly majority of Georgia’s State Election Board sparked controversy when it approved rule changes that commentators say could delay or outright obstruct certification of Georgia’s election results.

2/

lawfaremedia.org/article/will-g…
Image
The changes prompted concerns that Trumpworld could use certification delays in another attempt to reject an unfavorable presidential election outcome.

The nightmare scenarios would be quite alarming—if there was any real chance that things could play out that way.

3/ Image
Read 28 tweets
Sep 6
NEW: Attorney General Chris Carr says that Georgians who filed ethics complaints do not have authority to trigger a hearing process that could lead to the removal of State Election Board members.

law.georgia.gov/document/docum…
Gov. Kemp asked for an opinion on the matter last month, after Democratic state officials and voting rights activists filed ethics complaints against three Trump-friendly members of the Georgia State Election Board. The complainants called on Kemp to remove members of the SEB.
This opinion from AG Carr effectively means that Governor Kemp can avoid the decision of whether the remove the SEB board members entirely.
Read 4 tweets
Aug 30
A crowdfunding campaign that purports to be raising money for the Georgia State Election Board has received more than $6,000 in donations. The page claims that private donations are needed because Gov. Brian Kemp "defunded" the Board.

I asked the Board's chair for comment👇1/ Image
The State Election Board's chairman, John Fervier, told me via email that the Board has no association with any outside group raising funds on its behalf.

"The State Election Board will not be accepting any funds that are raised by outside organizations or groups," he said. 2/ Image
As for claims that the State Election Board has been "defunded" by Gov. Kemp, Fervier said that's "simply not true."

"The State Election Board received the same funding for the current year that it received last year with added state approved increases for payroll," he said. Image
Read 7 tweets
Aug 29
On Monday, an account that purported to be associated with the Georgia State Election Board appeared on X.

I reached out to the chairman of the board, John Fervier, to clarify whether the account reflects official communications from the State Election Board. 1/
Fervier said the account was set up by another board member, Janice Johnston, without authorization.

“No authorization came from this Board to set up this account…I am currently researching the situation before any further action is taken,” Fervier told me. 2/ Image
Johnston is the State Election Board member who made headlines earlier this month after she attended Trump’s rally in Georgia. During the rally, Trump publicly named and praised three members of the board, including Johnston. 3/
Read 6 tweets
Aug 27
BREAKING: A superseding indictment has been returned in Trump's federal election interference case in Washington, DC. Image
Trump is charged with the same criminal offenses as he was in the original indictment. But the new indictment, according to prosecutors, reflects "the Government's efforts to respect and implement the Supreme Court's remand instructions" in the presidential immunity decision. Image
READ the superseding indictment against Donald J. Trump here:
documentcloud.org/documents/2507…
Read 7 tweets
Aug 22
I’m just a lowly legal reporter but as a longtime Swiftie I can say that Taylor Alison Swift is almost certainly not showing up at the DNC tonight sorry
One of Swift’s recent concerts was the target of a an attempted terrorist attack and she’s touring again in October. In an Instagram post yesterday, she said she won’t speak publicly about something if she thinks it could endanger fans who come to her shows. Image
I think it’s likely that Swift will endorse Harris at some point. But it likely won’t be in the form of a surprise appearance at the DNC. That’s not her style anyway, but it’s especially unlikely in the wake of the attempted attack on her show in Vienna.
Read 8 tweets

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