Wednesday, August 16, 2023

Election Board Must Follow Law

Aug. 16, 2023 (Not Published)

Dear Editor,

                 The article “Elections Board talks voting machine concerns, ESPLOST” (Wednesday, Aug. 16, 2023) omitted a key consideration which is important to understanding why the Towns County Election Board will not use hand-marked paper ballots for in-person voting this November as requested by the Chandlers.

                 Georgia has a uniform election system which requires counties to use state-certified voting machines for federal, state and county elections.  As Board member David Plunkett informed the Chandlers, the Board would be breaking the law if it voted to use hand-marked paper ballots instead of voting machines and there would be consequences for the county from such a vote.

                 When the Athens-Clarke County Election Board voted to use hand-marked paper ballots in 2020, the State responded by threatening to fine the county $5,000 for every day it did not use voting machines and assessed the county $2,500 in costs.  Spaulding County’s Election Board on July 28 voted to use hand-marked paper ballots and was cautioned by the county’s attorney that doing so is illegal and would subject the county to lawsuits from the Secretary of State.  In both these instances the Boards had to back down and follow state law.

                 As a Democrat I am sympathetic to the Chandlers frustration.  Democrats in the General Assembly proposed a hand-marked paper ballot system in 2019 when the current election system was created.  Unfortunately, Republicans controlled the legislature and the governor’s office and rammed through the machine marking system we have now.

                 Mr. Plunkett correctly told the Chandlers they need to make their Representative and Senator aware of their views if they want future elections conducted by hand-marked paper ballots.  It is the General Assembly that makes law and the Governor who signs bills into law.  The Board of Elections has no power to change state law and no choice but to follow it.

 Sincerely,

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