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State Election Board refers multiple double-vote and procedural cases to prosecutors, continues dozens of county cases
Summary
At its Dec. 9 meeting the Georgia State Election Board approved consent and final orders, continued several county investigations to January, voted to refer multiple alleged double-voting and noncitizen-voting cases to district attorneys and the attorney general, and directed further review of missing or unsigned Fulton County tabulator tapes.
The Georgia State Election Board on Dec. 9 moved through a packed docket of enforcement matters, approving consent and final orders, continuing contested county cases, and sending a series of alleged criminal matters to prosecutors.
Vice Chair Dr. Janice Johnston opened the meeting in Chair John Fier’s absence and said the board would work through a “very full agenda of hearing cases,” then turned the agenda over to the Attorney General’s representative, who recommended approval of multiple consent and final orders, including consent agreements in SEB 2021-168 and final orders such as 2022-336 and 2022-285. The board approved those recommendations unanimously.
Why it matters: The board’s actions resolve dozens of individual complaints while also setting process and enforcement precedents for counties and election administrators across Georgia. Several motions directed counties to improve routine documentation and for prosecutors to decide whether criminal charges should follow.
Key outcomes - Consent/final orders: The board approved consent agreements and final orders recommended by the Attorney General’s office for a series of cases involving absentee ballot handling and registration irregularities (Attorney General representative Miss Young: “we would recommend that the board approve and acknowledge the consent orders”). - Election-night reporting: After hearing sworn explanations from county representatives about portal failures and SurveyMonkey confirmation issues in the Nov. 8, 2022 election, the board dismissed a number of named counties, ordered letters of instruction for others and recommended counties adopt routine screenshot evidence of timely submissions to prevent future disputes. - Double-voting and noncitizen referrals: The board voted to refer multiple alleged double-voting matters — including a Chatham County case and several cross-state matches identified by ERIC — to the appropriate district attorneys and to the Georgia Attorney General, and to notify the U.S. Department of Justice about cross-state allegations. Board members discussed evidence gaps and in some instances dismissed counties where evidence was not sufficient for referral. - Fulton County tabulator-tape review: Public complainant David Cross presented results of an open-records review alleging 134 unsigned early‑voting tabulator tapes and at least 10 missing tapes in Fulton County. Cross said unsigned or missing opening/closing tapes break the chain of custody and argued the county’s advanced-voting totals could not be certified. The board voted unanimously to forward the tape-related materials to the Attorney General for further review and to ask the AG to consider civil penalties tied to unsigned tapes. Cross: “Because no tape was ever legally certified, Fulton County had no lawful authority to certify its advanced voting results to the Secretary of State.” - Case continuances and evidence requests: For several complex cases — including contested voter‑roll challenge filings against Fulton County and multiple county matters alleging duplicate registration or double voting — the board continued hearings to the January meeting and asked counties or complainants to provide specific opening/closing tabulator tapes, polling-place recap materials and certified records.
What officials and witnesses said - On process and staffing: Johnston noted the chair’s absence and thanked staff for carrying the heavy docket. Several county lawyers said personnel turnover and reliance on outside consultants complicated retroactive evidence collection. - On county reporting portals: Gwinnett and other counties described portal confirmation failures; Zach Manifold of Gwinnett said staff “took a photograph of the report … that we had posted” after a submission did not visibly confirm. Several counties urged routine screenshots and other safeguards. - On Fulton tape allegations: Complaint author David Cross urged referral and sanctions, saying missing or unsigned tapes undermine certification. Executive Director James Mills called the procedural gaps “egregious” and asked for production of any remaining material; the board directed further review and a referral to prosecutors.
Legal authorities cited and next steps The board’s deliberations cited multiple Georgia election-code provisions and State Election Board rules that govern ballot handling, poll-worker procedures and the registration/challenge process (examples discussed in the meeting included OCGA §§ 21‑2‑73, 21‑2‑563, 21‑2‑572 and tabulation/recap rules). Where cases involved potential criminal conduct (double voting, noncitizen voting, document‑preservation violations), the board referred matters to district attorneys and the Attorney General’s office for legal review; where procedural compliance was at issue, the board used letters of instruction, reprimands, or continuation to secure records and corrections.
Board action and enforcement summary (selected) - Referred Chatham County double‑voting matter to AG for further investigation and possible consent order (motion passed). - Referred multiple ERIC-identified cross‑state double‑voting matters to local district attorneys, AG, and notified DOJ (motion passed). - Continued several technically complex cases (e.g., requests for opening/closing tabulator tapes) to the January meeting and requested precise evidence be produced. - Referred a Fulton County unsigned‑tabulator‑tape matter to the Attorney General and requested the AG consider civil penalties tied to unsigned tapes (motion passed 3–0).
What to watch next - Whether the Attorney General or a district attorney files charges, proposes consent orders, or seeks civil penalties in the cases the state board referred. - Whether counties adopt routine screenshot confirmation or other procedural changes for election‑night reporting and whether the AG’s office pursues enforcement tied to missing/unsigned tabulator tapes in Fulton County.
Ending note: The board repeatedly emphasized evidence-based decision-making and due process — in multiple cases it both dismissed matters for lack of evidence and referred others to prosecutors where the investigative summaries suggested possible criminal violations. The meeting was recessed with several items continued to the January calendar so counties and complainants could produce additional records requested by the board.
