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Georgia judge temporarily blocks election rule requiring hand counting of ballots
After Georgia voters began heading to the polls Tuesday for the first day of early voting in the state, a judge enjoined election officials from moving forward with a controversial new rule that would require the hand counting of ballots after polls close on Nov. 5.
The hand count rule and others were passed in September by the five-person State Election Board on a 3-2 vote, pushed through by a trio of supporters of former President Donald Trump. The rule would require precinct poll managers and poll officers to unseal ballot boxes and count the ballots by hand individually to ensure the tallies match the machine-counted ballot totals.
Multiple lawsuits were filed by local and national officials, and the new rules drew criticisms from members of both parties, including Georgia’s Republican attorney general and secretary of state.
The election board in Cobb County asked a judge to strike down the new rules, which also include other new requirements for the ballot counting process.
Judge Robert McBurney wrote Tuesday that “the hand count rule is too much, too late.” McBurney wrote that with Election Day around the corner, “there are no guidelines or training tools for the implementation” of the rule.
The Cobb County board argued in its complaint that the new rules would “substantially alter Georgia’s election procedures on the eve of” the election. During a hearing on Tuesday, an attorney for the board asked for a temporary restraining order, saying it was too late to adequately adjust staffing and training. He added that such rules are usually implemented in years without major elections.
BECCA MILFELD/AFP via Getty Images
Lawyers arguing for the Cobb County board pointed to a Sept. 19 memorandum in which Georgia’s attorney general concluded that changing rules so close to an election could “result in voter confusion and consequent incentive to remain away from the polls.”
An attorney arguing for the state board told McBurney that and other concerns amounted to a “hypothetical, on top of conjectures, on top of speculation.”
The state board argued on Tuesday that it would not be difficult to train election workers for the new rules.
Democrats quickly lauded the decision Tuesday.
“From the beginning, this rule was an effort to delay election results to sow doubt in the outcome, and our democracy is stronger thanks to this decision to block it. We will continue fighting to ensure that voters can cast their ballot knowing it will count,” said Vice President Kamala Harris’ Principal Deputy Campaign Manager Quentin Fulks, Democratic National Committee co-executive director Monica Guardiola and Rep. Nikema Williams, who is chair of the Democratic Party of Georgia, in a joint statement.
It’s a busy week of election cases for McBurney, who on Monday issued a ruling concluding that election officials are required under Georgia law to certify election results even if they have concerns about fraud. He wrote that if such concerns arise, their job is to forward those concerns to law enforcement.
McBurney, who presided over the Georgia special purpose grand jury that in 2023 voted to recommend Trump be indicted for seeking to overturn the state’s 2020 results, is also overseeing a similar case brought by the national and state Democratic parties challenging the rules.
A hearing in that case is scheduled for Wednesday afternoon.
SPRINGFIELD, Ill. — The U.S. Justice Department is demanding records related to the July shooting death of Sonya Massey — an Illinois woman who was killed in her home by a sheriff’s deputy — as it investigates how local authorities treat Black residents and people with behavioral disabilities.
The government made a list of demands in dozens of categories in a letter to the Sangamon County Sheriff’s Office, dated Thursday.
“The Sheriff’s Office, along with involved county agencies, has engaged in discussions and pledged full cooperation with the Department of Justice in its review,” Sangamon County Sheriff Paula Crouch said Friday.
Sonya Massey, a 36-year-old Black woman, was killed July 6 when deputies responded to a call about a possible prowler at her home in Springfield, Illinois. She was shot three times during a confrontation with an officer.
The alleged shooter, Sean Grayson, who is White, was fired. He is charged with murder and other crimes and has pleaded not guilty.
“The Justice Department, among other requests, wants to know if the sheriff’s office has strategies for responding to people in “behavioral health crises,” the government’s letter read. “…The incident raises serious concerns about…interactions with Black people and people with behavioral health disabilities.”
Andy Van Meter, chairman of the Sangamon County Board, said the Justice Department’s review is an important step in strengthening the public’s trust in the sheriff’s office.
At the time of the fatal shooting, the Sangamon County Sheriff’s Office was led by then-Sheriff Jack Campbell, who retired in August and was replaced by Crouch.
Deputy Sean Grayson’s history of misconduct
Grayson has worked for six different law enforcement agencies in Illinois since 2020, CBS News learned. He was also discharged from the Army in February 2016 after serving for about 19 months. He was hired by the Sangamon County Sheriff’s Office in May 2023.
In an interview with CBS News in early August, Campbell said that Grayson “had all the training he needed. He just didn’t use it.”
In a recording released by the Logan County Sheriff’s Office, where Grayson worked from May 2022 to April 2023, a supervising officer is heard warning Grayson for what the senior officer said was his lack of integrity, for lying in his reports, and for what he called “official misconduct.”
Girard Police Chief Wayman Meredith recalled an alleged incident in 2023 when he said an enraged Grayson was pressuring him to call child protective services on a woman outside of Grayson’s mother’s home. He said Grayson was “acting like a bully.”
The recording and Meredith’s description of Grayson’s conduct showed how he quickly became angry and, according to documents, willing to abuse his power as an officer.
Sangamon County Sheriff’s Office history of accusations
According to a review of court records in 2007, Massey’s killing was the only criminal case in recent history against a Sangamon County Sheriff’s Office deputy for actions on duty. Local officials characterized her shooting as an aberration.
However, CBS News obtained thousands of pages of law enforcement files, medical and court records, as well as photo and video evidence that indicated the office had a history of misconduct allegations and accountability failures before Grayson. The records challenged the claim that Massey’s death was, as said by the then-sheriff, an isolated incident by one “rogue individual.”
Local families were confident that Massey’s death was the latest in a pattern of brazen abuse that has gone unchecked for years.
Attorneys for Massey’s family recommended an updated SAFE-T Act that would expand an existing database used to track officer misconduct to include infractions like DUIs and speeding during police chases.
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