Email sent to GA State Election Board re certification requirements

Citizens Oversight (2024-08-22) Ray Lutz

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Email sent to GA State Election Board

Dear John Fervier and GA State Election Board:

Please submit this comment to the Board for consideration.

There is a lot of news about the new definition of certification.

(c.2) “Certify the results of a primary, election, or runoff,” or words to that effect, means to attest, after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.

It sounds reasonable, however, this may delay certification without limit. Many states give a lot more time to counties to certify their results. GA has a very tight schedule -- only 10 calendar days. For example, in California, results from counties may take up to 29 calendar days.

QUOTE GA Code § 21-2-493 (2019) (k)

...
Such returns shall be certified by the superintendent not later than 5:00 P.M. on the second Friday following the date on which such election was held and such returns shall be immediately transmitted to the Secretary of State; ...

We note that section (i) of the same law says:

(i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action.

As a compromise position, we think the GA SEB, should amend section (k) as follows:

Counties can investigate discrepancies until the fourth Friday after the election, but then, they must follow section (i) and report the results even if the investigations are incomplete, with the note that "These results are uncertified," and the reason they are still uncertified.

At that point, the SOS could determine if the county should continue to investigate, or for other reasons. For example, the Secretary of State may still wish to certify the statewide results if the overall margin of victory is still sufficient, even with the concerns of any counties that did not certify. It should not be possible for a single county to permanently hold up the results.

Of course, the deadline is a suggestion for you to discuss.

I hope this is helpful.

Sincerely,

--Ray Lutz and the oversight team at Citizens Oversight. (provider of the Audit Engine Ballot Image Auditing solution).

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