hand count

Eternal Vigilance Action, Inc. v. Georgia

Location: Georgia
Court Type: Georgia Supreme Court
Status: Ongoing
Last Update: June 10, 2025

What's at Stake

The ºìÐÓÊÓÆµ and partner organizations intervened in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenged the rule requiring that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. In a critical victory for Georgia voters, in June 2025, the Georgia Supreme Court a lower court’s decision permanently blocking the rule requiring hand counting of ballots at polling places before tabulation — a process widely criticized for risking delays, ballot spoliation, and voter disenfranchisement.

In mid-September, Eternal Vigilance Action, Inc., and two Georgia voters challenged State Election Board rules that would allow standardless investigations that were primed to cause delay in certifying the vote. Then, on September 20, just 46 days before the general election, the State Election Board passed another series of rules, including one that would require three poll workers at every precinct to independently hand count the number of ballots cast prior to the ballot boxes being sealed and delivered for tabulation. On September 25, the original plaintiffs amended their complaint to add a challenge to these new rules.

Representing the Georgia State Conference of the NAACP, the Georgia Coalition for the People’s Agenda, Inc., the ºìÐÓÊÓÆµ, along with ºìÐÓÊÓÆµ of Georgia, the Lawyers’ Committee for Civil Rights Under Law, and the law firm, Morgan Lewis, sought to intervene in the case. We specifically challenge the hand counting rule as being inconsistent with Georgia statutes governing the procedures at the close of the polls and beyond the authority of the State Election Board.

On October 16, 2024, the court permanently blocked the hand-counting rule, along with several other disruptive and unlawful changes to election rules that were adopted by the State Election Board. On October 22, 2024, the Supreme Court of Georgia denied an emergency attempt by the Republican National Committee to reverse the court's order.

Update: In a critical victory for Georgia voters, on June 10, 2025, the Georgia Supreme Court the lower court’s decision permanently blocking a rule that would have required hand counting of ballots at polling places before tabulation — a process widely criticized for risking delays, ballot spoliation, and voter disenfranchisement.

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