Democrats can't make Georgia governor investigate State Election Board, judge says

Mark Niesse, The Atlanta Journal-Constitution on Oct 9, 2024

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

ATLANTA — A Fulton County judge dismissed a lawsuit Wednesday by Democrats who tried to force Georgia Gov. Brian Kemp to launch an ethics investigation of Republican State Election Board members who recently changed several election rules.

The Democrats can’t compel the governor to start ethics hearings — which could lead to removal from office — based on letters to Kemp they labeled as “formal charges,” Superior Court Judge Ural Glanville said as he ruled from the bench.

“I am not persuaded that the petitioners have a clear right to require the governor to investigate and hold a hearing based on public citizens’ complaint about the State Election Board,” Glanville said. “There needs to be some investigation ... then trigger the governor to do something in that respect, not just a letter by the citizens.”

Three Democrats sued Kemp after he declined to act on their demands for ethics hearings. State Attorney General Chris Carr advised Kemp that citizens’ complaints are insufficient to start a hearing process.

The lawsuit targeted three Republican State Election Board members whom former President Donald Trump praised as“pit bulls” during an Atlanta rally in August: Rick Jeffares, Janice Johnston and Janelle King.

“They’re going rogue, and there’s no accountability,” said state Sen. Nabilah Islam Parkes, a Democrat from Duluth and the lead plaintiff. “They need to be held accountable because we need to have fair elections.”

The State Election Board recently passed eleventh-hour changes to election rules, including an election night hand count of ballots and a rule requiring a“reasonable inquiry” before results are certified. Those rules changes are being challenged in court.

The Democrats allege the State Election Board members behaved unethically when they held a meeting on short notice in July and passed rules that they say undermine the public’s trust.

They also criticize Jeffares, who proposed himself as a candidate for a position as regional director of the Environmental Protection Agency if Trump defeats Vice President Kamala Harris.

Attorneys defending Kemp said critics of the State Election Board can’t compel him to start an investigation.

“That is an extraordinary position to take,” Deputy Attorney General Logan Winkles told the judge. “The court can imagine the chaos that would cause.”

Under state law, the governor is required to order an ethics hearing upon receipt of “formal charges,” but Glanville said in his ruling there should be an official investigation before ethics accusations are “formal.” Investigations can be conducted by agencies such as the attorney general’s office or the inspector general’s office, he said.

If there were an ethics hearing and an administrative judge found ethics violations, state law would call for the governor to remove State Election Board members from office.

An attorney for the Democrats said previous governors have removed officials from office without needing that kind of investigation, such as boards of education in Clayton and Warren counties.

“The only governor that had a problem with what a ‘formal charge’ meant was Gov. Kemp,” said Wayne Kendall, the Democrats’ attorney. “And I submit that the only reason he had a problem with it was that he didn’t want to tick off a former president who lavishly praised these three people.”

Glanville said the governor could seek an investigation himself, but there’s no requirement for him to do so.

Islam Parkes and the other plaintiffs in the case, former Fulton County Election Board Chair Cathy Woolard and Democratic state Senate candidate Randal Mangham, said they plan to appeal.

_____