Georgia Supreme Court Unanimously Says Some 2024 State Election Board Rules Exceed the Authority of the Board

On June 10, the Georgia Supreme Court unanimously ruled that the State Election Board exceeded its authority in 2024 when it created certain rules.  Republican National Committee v Eternal Vigilance Action, Inc., S25A0362.  The rules included one mandating that a hand count of all ballots be made after an election; that someone delivering an absentee ballot in person must show photo ID and provide a signatures; and that county election boards need not certify the results if they have a “reasonable inquiry” to make about the process.  Here is the decision.

In the lower court, the case had been called Eternal Vigilance Action, Inc. v State of Georgia.  The lower court had also struck down the rules.  When that happened, the state did not appeal, so the intervenor Republican Party appealed.

New Hampshire Bills to Move Non-Presidential Primary to an Earlier Month Unlikely to Pass

On June 5, the New Hampshire House defeated SB 222 by 151-168.  It would have moved the non-presidential primary from September to June.

House bills to move that primary also have failed to pass.  Those bills are HB 481 and HB 408.

All three of these bills harm ballot access for minor party and independent candidates.  They all automatically move the declaration of candidacy from June to earlier months.  Forcing independent candidates and the nominees of unqualified parties to file declarations in the spring, before they have decided whom to run, would inhibit those candidacies.

It is somewhat surprising that these bills failed, because in 2021 the legislature had passed a bill moving the non-presidential primary to June.  But then-Governor Chris Sununu had vetoed it.  Sununu is no longer Governor.