Watchdog group sues Georgia Election Board over private emails used for public business

ATLANTA — A government watchdog group has filed a lawsuit against the State Election Board and one of its members over emails the group says should have been disclosed under state open records law.

Earlier this year the left-leaning group American Oversight requested emails about an artificial intelligence system that conservative activists use to search for allegedly ineligible voters. It also requested communications involving other topics, individuals and groups.

In a lawsuit filed Wednesday in Fulton County Superior Court, American Oversight says all five State Election Board members use private email addresses for public business and should turn them over. It says some board members have not provided any of the emails requested, in violation of the Georgia Open Records Act. And it says board member Janice Johnston has prevented agency employees from searching her email to obtain requested documents.

The lawsuit seeks a court order requiring the board to provide all relevant documents. And it seeks to fine Johnston $1,000 per violation.

American Oversight also has asked Georgia’s attorney general, secretary of state, inspector general and two legislative committees to investigate the board’s alleged misconduct. The letter requesting investigations says the alleged misconduct includes open records and open meetings violations.

The request follows calls for Gov. Brian Kemp to remove three Republican members, alleging misconduct. A Fulton County judge recently dismissed a Democratic lawsuit that sought to force Kemp to remove the members.

Johnston and board Executive Director Mike Coan did not immediately respond to requests for comment.

The lawsuit is the latest skirmish in a monthslong legal battle involving the State Election Board. With a new Republican majority, the board has passed a series of rules that critics said would cause chaos on election night and allow local election board members to refuse to certify results. Former President Donald Trump, however, has publicly praised the three board members who form the majority.

Judges have recently struck down those rules, at least for next week’s election.

American Oversight also filed a lawsuit against the board in July after the majority approved rules at a hastily called meeting that the attorney general’s office said might violate the Georgia Open Meetings Act. The board approved the rules at a subsequent meeting, and a judge dismissed the lawsuit, saying American Oversight had sued the wrong parties.

The origin of some of the board’s rules has drawn scrutiny. Correspondence obtained by The Atlanta Journal-Constitution showed some of its new rules appear to have been proposed by Republican Party officials.

According to the latest lawsuit, American Oversight has sought board correspondence in recent months on a variety of topics, including election certification, election fraud and voter challenges.

The lawsuit says the group has received correspondence from some board members but not others. It says the group has waited months for documents despite paying $1,300 to pay for one of its requests. The lawsuit says that by using private email accounts, election board members have made themselves the sole arbiters of what documents are required to be disclosed under the law.

The lawsuit seeks an injunction requiring the board to turn over all relevant records. It also seeks civil penalties against Johnston and reimbursement of American Oversight’s legal costs.

In September, the AJC requested Johnston’s correspondence with various Republican and Democratic Party organizations and lawyers. On Johnston’s behalf, the State Election Board said it would produce records within five weeks. That deadline has passed, but the board still has not provided the documents.

Neither Johnston nor the State Election Board responded to a request for an update Wednesday.

Staff writer Mark Niesse contributed to this article.