ATLANTA — A new election law passed in Georgia has made national news. Different parts of the bill have raised concerns from some on whether it's protecting the right to vote, or restricting voter access.
Our 11Alive Verify team is dedicated to fact-checking claims online from both sides of the aisle.
One of the most common claims about the voter bill is the question of overturning results.
THE QUESTION
Does Georgia's new election law give officials the power to overturn election results?
THE ANSWER
No, we can Verify that is false.
WHAT WE KNOW
A tweet from "Meidas Touch" claims the new Georgia law "gives officials the power to overturn elections if they do not like the result."
"It is not true that the new elections law in Georgia gives the state elections board the authority to overturn the results of an election simply because it doesn’t like the result," Page Pate, 11Alive's legal analyst explained.
According to the 98-page bill, the state can take over "underperforming election systems," but that doesn't mean overturning results.
Pate went on to explain that what that section actually means is replacing a local superintendent.
"If there’s been a finding that that superintendent has violated state rules or has basically been incompetent for at least a couple of election cycles," Pate said.
The superintendent is the one who certifies results. So, Pate says the worry comes from who has control over replacing that person.
"I guess there’s always a concern if you’re having a statewide body exert control over a local election official...and I think that concern may be more problematic now because the board makeup is going to change as a result of this new law," Pate explained.
According to the law, the Secretary of State remains on the board, but is no longer a voting member and is no longer the chairperson.
Instead, the General Assembly, which is currently majority Republican, gets to appoint three members of the board. Meaning, that would sway the balance of power.
"So there’s certainly the potential for some concern and abuse of this law. But as far as allowing the state board to change the result, that’s not what it does," Pate said.
So, we can Verify, the claim that this new election law gives officials the power to overturn election results is false.
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