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  • Comment to the Georgia State Election Board: County boards have statutory authority to dismiss voter challenges that do not meet the requisite burdens of proof. 
Testimony

Comment to the Georgia State Election Board: County boards have statutory authority to dismiss voter challenges that do not meet the requisite burdens of proof. 

Georgia county boards can dismiss unsubstantiated voter challenges and reject systemic challenges within 90 days of an election—a deadline now passed. The State election Board-initiated investigation into county election boards for dismissing such challenges promotes practices that contradict state and federal law. It also risks undermining the integrity of voter rolls and disenfranchising eligible Georgia voters.

Recent mass challenges to Georgia voter rolls, driven by unreliable amateur data matching, fail to meet the legal standards required to remove voters from registration lists. Unlike election officials, who use safeguards such as postcards and a two-election-cycle waiting period for unresponsive voters, these activists typically rely on outdated databases and automated software, which can lead to numerous errors like false positives. These challenges, often filed en masse, are prohibited by the National Voter Registration Act (NVRA) within 90 days of a federal election—a deadline which passed on August 7. State and local election officials thus cannot “systematically” remove voters until after this year’s election.

Adding to the concern, the current State Election Board investigation appears to lack the necessary expertise in election administration and election law, potentially undermining its credibility. Without such expertise, the inquiry may yield inaccurate conclusions that could mislead the public about the legitimacy of the county boards’ decisions.

Our comment urges the State Election Board to reaffirm that Georgia counties are lawfully handling these challenges, as federal and state law mandate. The comment was submitted to emphasize the importance of clear adherence to legal standards and the potential harm of an investigation lacking relevant qualifications. It explains that mass voter challenges based on unreliable data fail to meet Georgia’s legal standards and that county boards have the authority to dismiss these challenges rather than waste their time investigating them.