GEORGIA, — Governor Brian Kemp is not required to investigate members of the Georgia State Election Board, Georgia's attorney general has determined, despite calls from several state Democrats to remove three Republican members ahead of the November presidential election.
On Friday, Attorney General Chris Carr responded to Kemp’s inquiry for an opinion about the matter, saying that the governor is not required to take action unless a formal complaint is filed. In a letter to the governor, Carr laid out a distinction between the filing of formal charges and a citizen submitting a complaint to Gov. Kemp.
The question Kemp had put to Carr was whether such complaints, brought in this case by state Democrats, would trigger the official hearing process that could lead to the removal of State Election Board members.
"The General Assembly chose the phrase 'formal charges' to indicate the requirement of something more than simply a generalized grievance brought by a member of the public," Carr wrote. "While the phrase 'formal charges' remains undefined in the statute, it appears fairly obvious that the phrase requires something more than 'informal' complaints, grievances or letters."
The response came after Democrats urged Kemp to investigate Janice Johnston, Janelle King, and Rick Jeffares, who have led the board in implementing new rules that critics argue could disrupt the election process.
Among the most controversial new rules is one allowing election officials to conduct a "reasonable inquiry" before certifying election results. This rule, along with others, has raised concerns from Democratic lawmakers and election advocacy groups.
State Senator Nabila Islam Parkes condemned the attorney general’s opinion, calling it “intellectual dishonesty designed to shield MAGA extremists.”
Lawsuit challenges new election rules
The controversy began in late August when the Democratic National Committee, the Democratic Party of Georgia, and other groups filed a lawsuit against the State Election Board in Fulton County. The suit alleges that the board's new rules could delay the certification of election results and create confusion ahead of November’s vote.
Plaintiffs argue that the requirement for a “reasonable inquiry” could hinder the timely certification of results, noting that Georgia law already provides a separate process for election contests. They fear the new rules may allow election officials to delay certification.
“If election officials have concerns about possible election irregularities, they are free to voice those concerns at the time of certification,” the lawsuit states. “But they may not point to those election irregularities (or anything else) as a basis for delaying certification or denying it entirely.”
