Judge voids emergency restraining order from Georgia Republicans against Raffensperger

A judge has voided an order that would have allowed State Election Board members and Republican congressional observers into the room where Georgia's statewide vote totals are received and reported on election night.

The ruling comes hours after Georgia Republicans escalated a dispute with Secretary of State Brad Raffensperger on Monday, filing a lawsuit and they be allowed into the state's Election Night Reporting Room, also known as "the bunker."

State Sen. Greg Dolezal, R-Cumming, announced Monday that he and two other candidates filed an emergency lawsuit in Fulton County Superior Court against Raffensperger, seeking a court order to allow poll watchers and State Election Board observers into "the bunker."

"Transparency should not be controversial," Dolezal said.

The emergency motion, filed by petitioners U.S. House candidate Christopher Mora, Cobb County District 1 Commissioner Keli Gambrill and Dolezal, asks the court to immediately issue a temporary restraining order prohibiting Raffensperger from excluding properly designated poll watchers and State Election Board observers from the tabulation, aggregation, verification and reporting processes on Election Day, May 19.

The lawsuit argued that Georgia law mandates transparency in all aspects of the conduct of elections and the counting and recording of votes, and that Raffensperger's decision to exclude observers violates those statutes. The filing also notes that Raffensperger is himself a candidate in the May 19 primary, a fact the petitioners argue creates an inherent conflict of interest that makes independent oversight all the more necessary.

While Fulton County Superior Court Judge Ural Glanville originally granted a temporary suspending order allowing the poll watchers and other officials into reporting room. He reversed the decision hours later, saying that the petitioners did not comply with Georgia law when seeking the injunction against Raffensperger.

The next hearing is schedule to take place on May 28.

Republicans call for more primary election oversight

Lt. Gov. Burt Jones also weighed in Monday, calling Raffensperger's decision to block State Election Board members from providing oversight unacceptable and calling on the U.S. Department of Justice to get involved.

"Georgians demand transparency and integrity in our elections," Jones said. "I'm calling on DOJ to weigh in immediately."

U.S. Rep. Clay Fuller, R-Ga., took his own step Monday, writing a letter to House Administration Committee Chairman Bryan Steil requesting that congressional observers be designated to monitor all elements of the Secretary of State's election reporting process, including the Election Night Reporting Room.

In the letter, Fuller cited Article I, Section 5 of the U.S. Constitution, which grants Congress authority to judge the elections of its own members, and the Confirmation of Congressional Observer Access Act, which Fuller said requires states to allow congressional election observers access to any location where voting results are being processed, tabulated or certified.

"Having transparency in our elections is critical and no one should be afraid of oversight," Fuller wrote, adding that he stood ready to offer his own staff to serve as observers if needed.

Raffensperger responds to fellow Republicans' lawsuit

Raffensperger responded to the lawsuit in a statement, pushing back on the claims and defending Georgia's election process.

"For a guy who constantly lectures everyone about election integrity, you'd think Senator Dolezal would know that votes are not counted in the Secretary of State's Emergency Operations Center," Raffensperger said. "The real fight to safeguard the ballot box happens at the local level — inside county election offices and tabulation centers across Georgia.

"But facts clearly aren't getting in the way of Dolezal's desperate search for press attention and votes. So buckle up, Greg. This isn't my first rodeo.

"You are about to join Stacey Abrams, Joe Biden, and the New Georgia Project on the long list of people who sued me and lost."

Judge orders Raffensperger to allow poll watchers into Georgia election reporting room

Fulton County Superior Court Judge Ural Glanville has granted an emergency temporary restraining order, directing Secretary of State Brad Raffensperger to immediately allow properly designated poll watchers and State Election Board observers into the Election Night Reporting Room. 

The facility is where Georgia's statewide vote totals are received, tabulated, and published. 

The order, signed at 10 a.m., came after an ex parte hearing Tuesday morning at which counsel for the petitioners was present. Raffensperger's office had an opportunity to respond but did not appear.

Judge Glanville found that Georgia law expressly entitles properly designated poll watchers to observe the conduct of elections and the counting and recording of votes at tabulation centers and related locations, including the Secretary of State's central aggregation and reporting processes. The judge also found that the public interest strongly favors transparency, particularly, the court noted, when the chief election official is himself a candidate in the election being administered.

The order prohibits Raffensperger, his staff, contractors and anyone acting in coordination with him from excluding or restricting poll watchers and State Election Board observers from the Election Night Reporting Room or any other facility where county results are received, processed, aggregated or reported. Raffensperger was also directed to immediately instruct all staff to admit observers and afford them reasonable proximity to meaningfully observe all activities without interfering with election operations.

The restraining order remains in effect until 5 p.m. on May 28, or until further order of the court. A hearing on a request for a longer-term injunction is scheduled for May 28 at 1 p.m. before Judge Melynee Leftridge in Fulton County Superior Court.