The headlines in local and national media are coming at a furious pace. The August 14 New York Times blasts the headline above the fold, followed by 10 inches of frontpage copy, “Officials Battle Disinformation Deluging Voters.” The same day, The Rolling Stone’s headline is “Trump and His MAGA Movement Are Actively ‘Hijacking’ Georgia’s Elections.” Once again, Trump and his MAGA minions seem to be using Georgia as a laboratory for how they may, at the very least, sow distrust in the upcoming election results, with the ultimate goal of taking back the White House by any means necessary. 

And just this morning, the New York Times posted an article online with the headline How a Far-Right Take Over of Georgia’s Election Board Could Swing the Election, quoting the chair of the Georgia Republican Party, Josh McKoon, boasting to delegates at the May state GOP convention about a new majority on the state election board, “I believe when we look back on Nov. 5, 2024, we’re going to say getting to that 3-2 election-integrity-minded majority on the state election board made sure that we had the level playing field to win this election.”

The current battleground in Georgia is the State Elections Board or SEB, the administrative body overseeing procedures for Georgia elections, ensuring rules are followed by all the county boards of elections, and investigating possible voting infractions for potential referral to the state attorney general. This board has historically been a sleepy quasi-judicial body that handles its duties in a straightforward, non-partisan manner. It had been noted for extremely long meetings considering mostly minor infractions of electoral procedures. Not anymore. The conspiracy theorists, 2020 election deniers, and MAGA Republicans have taken over many SEB meetings. Packed audiences, overflow rooms, raucous applause, a plethora of waving signs, and sometimes screaming and threats are commonplace. The majority of the five SEB members seem to agree with the rowdy crowds and are unable or unwilling to impose order and decorum for the meetings. 

In recent memory, the SEB was composed of both Democrats and Republicans who were appointed with bipartisan support, but as they took their positions, they removed their party hats and assumed a non-partisan approach to running fair elections. As spelled out in the Georgia Code, the SEB is made up of five members: one member appointed by the sitting governor, one nominated by the speaker of the house and ratified by a majority of the house, one nominated by the lieutenant governor, and ratified by a majority of the state senate, one appointed by the state Republican Party and one appointed by the state Democratic Party. 

Because the Republican Party controls the governor's office and both houses of the General Assembly, Republican leadership has, in effect, majority control of this board. Republicans seem happy to use this control to put its stamp on the mostly obscure but essential rules and procedures for elections. 

Partly, because of the GOP trifecta, the careful, non-partisan nature of the SEB has morphed into a different animal altogether. The board chair, John Fervier, was appointed by Gov. Kemp in early January 2024, replacing retired federal Judge William Duffey. Fervier had worked for Waffle House for over 35 years. Rick Jeffares was appointed by Lt. Gov. (and fake elector) Burt Jones also in January 2024. House Speaker Jon Burns appointed Janelle King in May 2024. Her appointment apparently was not ratified as required since the legislature was not in session. King replaced moderate Republican Edward Lindsey, who had extensive experience in elections before serving on the SEB. King is a right-wing podcaster who has been active within the GA GOP. More details on King can be found here. Janice Johnston is the Republican Party appointee. She was appointed in 2022 by the GA Republican party when now-indicted fake elector David Shafer was its chair. Johnston is a retired OB/GYN doctor and a frequent critic of the Fulton County Elections Board. Sara Tindall Ghazal is the Democratic Party appointee who was appointed to the SEB in 2022 to replace attorney David Worley, who had served for more than a decade and was well-versed in election law and procedures. Tindall Ghazal is an attorney and served as the Georgia Democratic Party’s director of Voter Protection before her appointment.  

Thus, three of the five board members are new this year. They do not have a strong background or experience in election law and have little or no training in their duties. In addition to a majority of new, inexperienced members, the SEB hired its first executive director only a few months ago. Historically, the SEB relied only on the secretary of state's staff. However, as a part of election changes enacted in 2021 by SB 202, the secretary of state was removed from the chair position of the SEB and then, in 2024, removed from the SEB altogether.  

In addition to the inexperience of the board majority and its staff, the new board members don’t seem to understand the non-partisan nature of their positions. Even though election board members have a history of refraining from partisan activities while serving on the SEB, board member Johnston had a front-row seat at a recent Trump rally in Atlanta. Trump publicly praised Johnston, Jeffares, and King from the podium for doing a great job in their roles on the SEB. Trump must be thankful that these three may help him win in November, and he said as much at that rally. 

One recent rule change adopted by the SEB amends the wording of a rule for the critical requirement of the county boards of elections to certify the election results. This change could empower county boards of elections to delay the certification of election results. The rule amends the existing requirement that county boards of elections “shall” certify election results by Monday at 6 pm after an election. By a 3 to 2 vote, the SEB added wording that requires certification after a “reasonable inquiry” that the tabulation of the county election results is accurate. 

Historically, the county certification has been a purely administrative function. Adding the phrase “reasonable inquiry” opens the door for well-meaning or nefarious actors to investigate any irregularity in a county’s election results that could then hold up certification at the local, state, and potentially the federal levels. In a statement submitted to the SEB opposing this rule change, the ACLU of Georgia wrote, “Certifying election results by a county is an administrative task. Doing anything more than this is an overreach by county boards and beyond the scope of their authority.”

The Georgia Code and other SEB rules spell out how counties must certify vote totals, SEB member Sara Tindall Ghazal told MSNBC’s Ali Venshi. “The law describes exactly where you need to look, what you need to look for, and how to do that process. It also states that by 5:00 on the Monday after the election, counties shall have certified the election. This means it is a mandatory process, and they have no discretion.” 

The concern that this rule change could encourage local election officials to delay certification is not idle speculation. A report released last week by the national, well-respected, and non-partisan organization CREW (Citizens for Responsibility for Ethics in Washington) not only details the concerns over this type of rule but also notes that certification has already been held up by 35 individuals around the country, including eight in Georgia. (Scroll down in the report and click on the plus sign next to Georgia to see these eight names.)

This rule will be in effect for the November elections, pending any legal action. However, despite rules implemented by the SEB, county election officials do not have the authority to ignore or take action contrary to existing state law that requires certification. Additionally, the CREW report lists other protections available in Georgia, including emergency court orders to compel certification, state constitutional protections, court orders to sanction, punish, and/or replace county officials who defy court orders, or, finally, criminal penalties for subverting certification. 

Also, the SEB is considering other rules that will affect the administration of elections in November. Good government advocates oppose some changes relating to drop boxes and additional restrictions on absentee ballots. Other changes are neutral or positive. However, any changes in electoral procedures so close to an election invite mistakes or misapplication of the new rules that could make vote tabulation harder for county election workers, sowing confusion and potential disenfranchisement of voters. 

Today, the SEB, in a virtual meeting, will consider other rule changes that, if adopted, could dramatically change how counties administer elections. Tindall Ghazal states, “Every international election standard out there says you don’t change the rules within six months because it undermines confidence…and the ability of election administrators to assure a smooth election.”

Concerned Georgia voters also have some tools to counter any nefarious certification delays or other obstructions to smooth election operations by remaining involved, informed, and watchful. “People need to be paying very close attention to what their county superintendents are doing,” says SEB member Tindall Ghazal. “They should be going in person to these meetings, supporting those members who may be facing incredible pressure to act in ways that run counter to democratic norms and support those who are or pushing back against that. Make sure everybody is updating their registration, getting out to vote early, and signing up to be poll workers If they live in a county that still needs poll workers.”  

If we measure by the number of conspiracy theorists, election deniers, and MAGA Republicans who are showing up at the SEB meetings and some county election boards, it’s clear that the potential for havoc in November is real. The importance of alternative, reasonable voices in the election administration and protection space cannot be understated. 

Krista Brewer is a native Atlantan who has a professional background in writing, reporting and editing. For several decades she has closely followed Georgia politics, focusing on topics such as healthcare, voting and immigrant rights, and budget and environmental issues. She is active on Twitter and invites readers to follow her @KristaRBrewer