Case Summary
LWVGA joined several organizations and individual voters in filing an amicus brief arguing that the new “Hand Count Rule” issued by Georgia’s State Election Board interfered with county election superintendents’ legal obligation to certify elections and threatened to inject chaos, confusion, and uncertainty into the election process and results.
Georgia first established its State Election Board (SEB) to bring uniformity to election administration in 1964. Since 1968, the SEB consisted of the Georgia Secretary of State who chaired the board, plus four appointed members — one selected by the Georgia House, one by the Georgia Senate, and one each from the Democratic and Republican Parties. In response to the 2020 presidential election results and unsubstantiated allegations of election interference, Georgia’s Republican-controlled General Assembly passed the Election Integrity Act of 2021 (Senate Bill 202), which changed how the chair of the SEB was selected. Instead of the SEB being chaired by the Secretary of State, the General Assembly gave itself the power to elect the chair, increasing the number of seats it names to three — a majority on the five-member board.
On September 20, 2024, the SEB voted 3-2 to adopt a new election procedure called the “Hand Count Rule,” which was scheduled to take effect on October 10, 2024. Under this rule, teams of three poll workers at each polling site would be required to open the sealed scanner ballot boxes and individually hand-count every ballot, starting as early as the close of Election Day and continuing through the end of the county certification period. These poll workers would be required to count and recount ballots until they all arrived at the same total and then compare the hand counts to the scanner counts. Any inconsistencies were to be corrected by the precinct poll manager, though no direction was provided to precinct managers as to what measures should be taken or what should happen if the inconsistency could not be corrected.
On October 2, 2024, the Cobb County Board of Elections and Registrations filed a lawsuit in the Fulton County Superior Court challenging the Hand Count Rule and five other changes to Georgia’s election rules also adopted at the September 20 meeting. Cobb County argued the SEB had exceeded its limited rulemaking authority and failed to follow Georgia’s Administrative Procedure Act. The county asked the court to declare the challenged rules void and block the Hand Count Rule from taking effect.
On October 9, 2024, the League of Women Voters of Georgia (LWVGA), New Georgia Project, Delta Sigma Theta Sorority, Inc., and Secure Families Initiative, along with several individual Georgia voters, filed an amicus brief supporting the petitioners’ claims against the Hand Count Rule, arguing that the rule would burden poll workers with additional and unnecessary procedures and give election officials cover to refuse to certify elections in the event of delayed or slightly discrepant counts. LWVGA and its co-amici also argued the SEB exceeded its statutory authority to issue the rule because of the comprehensive procedures in Georgia election law for counting votes and certifying election results. Finally, LWVGA and fellow amici further argued the rule changes would harm Georgia voters, particularly Black voters and other voters of color, and undermine their faith in democracy.
On October 15, 2024, the Fulton County Superior Court granted Cobb County’s request for emergency relief, ruling the Hand Count Rule could not take effect until a final order could be issued. On October 16, 2024, the Fulton County Superior Court also issued an order in Eternal Vigilance Action v. State of Georgia, finding that the Hand Count Rule and six other rules exceeded or conflicted with specific provisions of Georgia’s election code. The Eternal Vigilance defendants filed an emergency appeal to the Supreme Court of Georgia. On October 22, 2024, the court agreed to hear the appeal but declined to hear it on an emergency or expedited basis. On November 22, 2024, Fulton County Superior Court stayed proceedings pending the Georgia Supreme Court’s ruling in Eternal Vigilance.
On June 10, 2025, the state supreme court issued its opinion in Eternal Vigilance, holding that the SEB exceeded its rulemaking authority in passing four rules, including the Hand Count Rule. However, the court ruled that none of the organizational or individual voter petitioners in Eternal Vigilance had standing on two rules also challenged by Cobb County. The court remanded proceedings on whether election officials have standing to challenge these rules to the trial court.
On October 20, 2025, the parties mutually agreed to dismiss the case without prejudice.
LWVGA was represented in this case by the Southern Poverty Law Center.
LWV Timeline
Georgia State Election Board adopts new rules
The Georgia State Election Board (SEB) adopts several new rules by a 3-2 vote, requiring ballots to be hand counted, expanding poll watcher access to tabulation, and increasing reporting requirements. The rules are slated to go into effect on October 11, 2024.
Cobb County Board of Elections and Registration files lawsuit
The Cobb County Board of Elections and Registration files a state court lawsuit, arguing the SEB exceeded its rulemaking authority and failed to follow Georgia’s Administrative Procedure Act when it adopted the six rules at the September 20 meeting. Petitioners ask the court to declare the rules void and block the Hand Count Rule from taking effect.
LWVGA files amicus brief
LWVGA, New Georgia Project, Delta Sigma Theta Sorority, Inc., Secure Families Initiative, and several individual Georgia voters file an amicus brief urging the court to declare the Hand Count Rule void.
Court blocks challenged rule
The Fulton County Superior Court issues an emergency injunction blocking the Hand Count Rule from going into effect. The following day, another Fulton County Superior Court judge also blocks the Hand Count Rule and six other challenged rules in the Eternal Vigilance Action v. State of Georgia case.
Supreme Court of Georgia agrees to hear Eternal Vigilance appeal
The state supreme court agrees to hear the appeal but refuses to do so on an emergency or expedited basis.
Fulton County Superior Court stays case
The Fulton County Superior Court pauses proceedings pending the state supreme court’s ruling in Eternal Vigilance.
Supreme Court of Georgia strikes down Hand Count Rule
The state supreme court holds that four challenged rules, including the Hand Count Rule, are unconstitutional alterations to Georgia’s election laws. However, the court rules none of the organizational or individual voter plaintiffs in Eternal Vigilance have standing to challenge two rules which were also challenged by Cobb County. The court remands proceedings to the trial court to decide whether local election officials have standing to challenge these two rules.
Case is dismissed by parties
The parties mutually agree to dismiss the case without prejudice.