'Litigation minefield': Georgia Republicans readying post-election legal strategy

Georgia Republicans are already prepping for a imaginable "litigation minefield" aft Election Day.

"Well, of course, you person to beryllium prepared, right, successful the lawsuit of a adjacent predetermination to look astatine the recounts," Georgia GOP Chairman Josh McKoon said.

The erstwhile Peach State lawmaker spoke with Fox News Digital connected Thursday aft back-to-back ineligible setbacks for the GOP-controlled State Elections Board (SEB).

On Tuesday, Fulton County Superior Court Judge Robert McBurney temporarily blocked a caller regularisation that would person required Georgia precinct Election Day ballots to beryllium counted by manus by 3 region officials aft being instrumentality tabulated, to guarantee the totals matched.

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Georgia GOP Chairman Josh McKoon, little right, spoke with Fox News Digital astir the ineligible fights surrounding the election. (Getty Images/Fox News Digital)

The adjacent day, Fulton County Superior Court Judge Thomas A. Cox, Jr. ruled that measurement and respective different provisions passed by the SEB to beryllium "illegal, unconstitutional, and void."

"We deliberation he's perfectly incorrect with respect to the hand-count rule. We mean to entreaty that decision," McKoon said of the McBurney ruling, portion praising him for a abstracted determination acknowledging "election committee members are entitled to election-related information" up of the certification process.

He said the Georgia GOP had already filed an exigency entreaty for Cox’s ruling.

"His determination was wrongheaded. I deliberation it lacked immoderate rational ineligible basis," McKoon said. "If his determination were upheld, it would severely curtail the quality of the authorities elections committee to modulate our elections and to bash the job."

Democratic critics of the caller SEB rules accused the Republican members who voted for them of trying to sow uncertainty and chaos successful Georgia’s predetermination process. GOP skeptics, including State Secretary Brad Raffensperger, person argued their implementation is unworkable this adjacent to the election.

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However, Republican Party officials similar McKoon accidental specified guardrails are indispensable to guarantee elector assurance – and that not having them successful spot would beryllium fomenting uncertainty.

"These rules are designed to summation nationalist assurance and trim benignant of this post-election chaos astir a imaginable predetermination contention oregon a recount. And so, if we don't person these rules successful place, it increases the likelihood successful a adjacent predetermination of the benignant of litigation minefield that we witnessed successful 2020," McKoon said. "And cipher wants that."

Fulton County Superior Court Judge Robert McBurney temporarily blocked the hand-count ballot rule. (AP Photo/John Bazemore, File)

He suggested Republicans were getting acceptable for that possibility, however.

"Now, I judge President Trump is going to triumph Georgia. I deliberation he's going to triumph by a borderline truthful ample that we're not going to beryllium successful a litigation mode," McKoon said. "But obviously, you enactment for the champion outcome, but hole for the worst."

"So we've got our ineligible squad successful place. We're surely prepared for a adjacent predetermination to woody with those post-election ineligible processes you spell through. So we person prepared for that, and we're acceptable for that if that happens."

Litigation successful battleground states, some earlier and aft an election, is not a caller improvement for either party. Georgia voters stunned predetermination watchers successful 2020, erstwhile the traditionally reddish authorities went for President Biden by little than 1%. Though nary findings of fraud were made by Georgia officials oregon the courts, allies of erstwhile President Donald Trump questioned the validity of the results and vowed to adjacent what they saw arsenic exploitable gaps successful the electoral system.

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Democrats have accused the GOP of trying to technologist chaos successful their favour via the ineligible system, citing the deficiency of proven instances of fraud.

Vice President Kamala Harris is besides warring hard for Georgia's vote. (AP/Jacquelyn Martin)

In his Tuesday ruling, McBurney temporarily blocked implementation of the hand-count ballot regularisation aft a suit by the Cobb County Board of Elections. He ruled that the deficiency of plans for its implementation would apt bash much harm than bully astatine ensuring creaseless elections, penning "the timing of its transition marque implementation present rather wrong."

Cox’s ruling besides invalidates that measure, portion besides invalidating a regularisation directing region officials to behaviour a "reasonable inquiry" earlier certifying predetermination results and giving them the quality "to analyse each predetermination related documentation created during the behaviour of elections."

Additionally, Cox blocked caller signature and photograph ID requirements for radical dropping disconnected absentee ballots for others.

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In the 2nd case, civilian rights groups and immoderate existent and erstwhile Republican authorities officials argued the SEB did not person the law close to instrumentality specified measures.

Defendants, which included the Georgia Republican Party, unsuccessfully lobbied that the state’s General Assembly gave the SEB the scope to trade specified rules.

The rules were passed past period successful a 3-2 ballot by Trump-aligned Republicans connected the elections board.