Fulton County board ratifies petition to waive pre-certification meeting for Senate District 35

The Fulton County Board of Registration and Elections voted Nov. 4 to ratify a petition asking the State Election Board to waive the rule that requires a 15-day posting period before a pre-certification meeting for the November 18 Senate District 35 contest and any ensuing runoff.

The petition was submitted to the state on Oct. 23 after informal discussions among staff, the board's attorney said. The attorney told the board that Fulton's petition differs from a Cobb County petition filed Oct. 22: Fulton requested a waiver only for the Senate District 35 pre-certification meeting and any runoff from that race, not for runoffs from other contests. "Our petition only requests a waiver for the Senate District 35 race on November 18th and then any runoff from that race," the attorney said.

The attorney also cited the Administrative Procedure Act, noting the law and SEB rules require a waiver request to be posted for 15 days before the state board may consider it. The State Election Board did not post the Cobb or Fulton petitions until Oct. 29, the attorney said, and has scheduled a meeting for 10 a.m. Nov. 13 to consider both petitions. Ratification by Fulton tonight preserves the county's ability to have the SEB consider the petition at that Nov. 13 meeting.

Several board members questioned whether Cobb County had contacted Fulton about joining the waiver; the board was told Cobb did not contact Fulton. One member said they would have agreed if Fulton's petition mirrored Cobb's, and another member pressed on the board's longstanding canvassing policy. The attorney said Fulton's petition was drafted to align with the board's canvassing policy (adopted in August by a 5-0 vote), including a limitation on distribution of additional documents electronically beyond materials already posted, such as statements of votes cast.

After a short debate about the board's restrictions on members receiving electronic copies or making images of documents, a motion to call the question ended debate. The board then voted to ratify the petition; members and the chair voted "aye," and the motion passed.

The State Election Board is scheduled to consider Fulton's petition on Nov. 13 at 10 a.m., the attorney said. The county will appear before the SEB on that date if the state board proceeds as scheduled.

The board adjourned and will meet again Friday, Nov. 7 at 11:00 a.m. for its regular meeting and pre-certification meeting.