Georgia Governor Brian Kemp is not required to investigate pro-Donald Trump Election Board members over their attempt to change election rules ahead of Election Day, Attorney General Christopher Carr has said, handing the former president a major win.
In an opinion issued on Friday, Carr, a Republican, wrote that state law “does not mean that a citizen can simply submit information to the Governor and trigger a hearing process.”
In August, three Republicans from the State Election Board used their newly secured majority on the five-member panel to advance a series of contentious rules ahead of Election Day in November, including expanding the county election boards’ powers to investigate vote tallies before certifying them. Georgia Democrats called on Kemp to investigate and remove the board members.
Under the new rules, local boards can initiate a “reasonable inquiry” when discrepancies emerge. They also have the power to withhold certification until that inquiry is completed. The rules do not define the term “reasonable inquiry,” nor do they establish strict limitations on the breadth of an inquiry.
Georgia Democrats have taken issue with the rules—previously suing to block them—and with the decision of the Republican Election Board members to hold a meeting without the board’s chair or Democratic member.
Critics of the new rules have argued that they are ambiguously worded and could be used by county officials to delay certification of final election results in the competitive state.
Emily Elconin/Getty Images
“These latest changes could delay certification of elections,” Charles S. Bullock, a professor of public and international affairs at the University of Georgia, previously told Newsweek.
In light of the complaints, Kemp sought legal advice from the attorney general on whether he had the authority to remove members of the State Election Board.
Following Carr’s decision, Max Flugrath, the communications director for Fair Fight Action, a voting rights advocacy group in Georgia, wrote on X that the state’s law was clear, “Kemp has the responsibility. The AG’s opinion leaves a gaping hole where accountability should lie.”
In another post, Flugrath cited legislation that allows the state’s governor to conduct a hearing on formal charges raised against Election Board members.
According to Flugrath, Georgia Code § 45-10-4 says, “If such charges are found to be true, the Governor shall forthwith remove such member from office.”
CNN legal analyst Norman Eisen agreed with Flugrath, describing the ruling as a “shocking abdication of responsibility.”
“Leadership is stepping up and dealing with illegality, not burying your head in the sand,” he wrote in a post on X.
Democratic state Senator Nabilah Islam Parkes, who had called on Kemp to act against the Election Board members, wrote on the platform: “The attorney general is providing cover for the MAGA election board members. His opinion is engaging in intellectual dishonesty.”
“We have received the opinion and just as he has done in the past, the governor will follow the laws and constitution of our state,” Garrison Douglas, Kemp spokesperson, told CNN on Friday.
Newsweek has contacted Kemp’s and Carr’s offices via email for further comment.
In 2020, Joe Biden flipped Georgia from Trump by 11,779 votes, or 0.24 percent of the 5 million ballots cast, making the latter the first Republican to lose the state in decades. The result was confirmed by a manual count, but Trump and others later made unsubstantiated claims of voter fraud in the state.
The former president and his allies also brought lawsuits challenging the election results in Georgia—all of which were dismissed because of a lack of evidence or legal standing.
In August 2023, Trump was indicted in Fulton County on criminal charges, including racketeering and conspiracy, related to his alleged efforts to overturn the election results in Georgia. The former president has pleaded not guilty, and the case against him remains pending.
Georgia’s Republican officials, including Kemp and Secretary of State Brad Raffensperger, defended the integrity of the election, saying there was no evidence of widespread fraud that could have altered the outcome.
Since Trump became the 2024 Republican nominee for president, fears have mounted that he may try to interfere with the election after he suggested he would accept the results only if “everything’s honest.”
“If everything’s honest, I’ll gladly accept the results. I don’t change on that,” Trump said in an interview in May with the Milwaukee Journal Sentinel. “If it’s not, you have to fight for the right of the country.”