I do have a questions. The filing refers to problems being especially bad in Barrow, Cherokee, Forsyth, Hall and Paulding Counties but I can find no reference to any of those counties listed anywhere else in the filing. Any idea what is up with them being listed?
I made the same observation.
This is a real zinger. I was under a misguided impression that Georgia Law allowed absentee ballots to be opened and counted several weeks before election day-— No way. That was another illegal action by Raffensperger.
“”””In April 2020, the State Election Board adopted on a purportedly “Emergency Basis” Secretary of State Rule 183-1-14-0.9-.15, Processing Ballots Prior to Election Day. Under this rule, county election officials are authorized to begin processing absentee ballots up to three weeks befoe election day. Thus, the rule provides in part that “(1) Beginning at 8:00 AM on the third Monday prior to Election Day, the county election superintendent shall be authorized to open the outer envelope of accepted absentee ballots …” (Emphasis added). 9 https://apnews.com/article/u-s-news-ap-top-news-election-2020-technology-politics52e87011f4d04e41bfffccd64fc878e7 26 61.
Rule 183-1-14-0.9-.15 is in direct and irreconcilable conflict with O.C.G.A. § 21-2-386(a)(2), which prohibits the opening of absentee ballots until election day: After the opening of the polls on the day of the primary, election, or runoff, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked “Official Absentee Ballot,” except as otherwise provided in this Code section.
In plain terms, the statute clearly prohibits opening absentee ballots prior to election day, while the rule authorizes doing so three weeks before election day. There is no reconciling this conflict. The State Election Board has authority under O.C.G.A. § 21-2-31 to adopt lawful and legal rules and regulations, but no authority to promulgate a regulation that is directly contrary to an unambiguous statute.
Rule 183-1-14-0.9-.15 is therefore plainly and indisputably unlawful.””””