Heat was rising inside the Georgia Capitol. The room was filled with loud claps, cheers, and boos. The packed room was filled with claps, cheers, and boos as dozens of attendees anxiously awaited their turn at the podium. Concerns streamed in, one after another:  

“The simple fact remains that human experts, though we are [good] in many things—are very bad at sequentially counting pieces of paper. . .”

“Complainants in this case claim that there is missing documentation for about 42,000 votes for the recount of the presidential contest in the 2020 general election.”

“3,125 duplicate ballots were counted.”

Last month, members of the public brought their complaints to a meeting of the State Election Board, a government-appointed entity consisting of five members responsible for securing the integrity of Georgia ballots. Despite their work affecting more than seven million voters, the function of the board remains elusive to many. Here’s a look at the board’s history, responsibilities, and the impact its members can have on elections.

The Georgia legislature created the SEB in 1964 to ensure “fair, legal, and orderly conduct of primaries and elections,” alongside the Civil Rights Act of 1964, the groundbreaking federal legislation that championed equal voting rights. Today, its responsibilities include promulgating rules and regulations, investigating elections and frauds, making recommendations to the General Assembly, and developing rules about what constitutes a legitimate vote. Members convene four to seven times a year. Each member is allotted a per diem of $247 or portion thereof spent within a day serving their duties. They also receive travel expense reimbursements. 

“Consequently, not all board members submit these requests, and those who do may not do so for every meeting,” said Alexandra Hardin, paralegal for the Georgia State Election Board. “Most of their work is unpaid volunteer work.” 

Board members are appointed by the state executive committee of each political party, and each serves a two-year term. Each of the five members is appointed by the following: State House, State Senate, Republican Party, Democratic Party, and General Assembly, which appoints a non-partisan chairman to be confirmed by the Governor. The current members are John Fervier, chairman, Sara Tindall Ghazal, Janice Johnston, Rick Jeffares, and newly appointed Janelle King.  

“Regardless of the personal political leanings of any member of the State Election Board, board members are charged with investigating violations of and administering the election laws passed by the legislature without regard to politics and in the best interest of the electors of Georgia,” Fervier, board chairman, told Canopy Atlanta.

At a typical SEB meeting, the first few hours are dedicated to public comment, during which each person has two minutes to speak. Both the complainant and respondent share their sides of the issues with board members. Then, the board can vote to dismiss, send letters of instruction, or refer to the State Attorney General’s Office for further instructions. For example, at the May 7 meeting, there was a complaint to the Board alleging that election translators in Morrow violated ethics by encouraging voters to vote for specific candidates and failed to file proper paperwork noting assistance to voters. The poll staff contended that such allegations were untrue and the translators did not sign the assistance form because they only translated the basic voting instructions. The Board voted to issue a letter of instruction for further guidance on when the translators are needed and when they should fill out the assistant forms.

The State Election Board has had an elevated profile since the 2020 election cycle, when allegations of voter fraud permeated the news. At the most recent SEB meeting, attendees were still questioning the integrity of those elections, many believing the election office violated election codes.

Fulton County faced allegations of miscounted ballots during the recount of the 2020 presidential election. During the May meeting, the board found that the county likely scanned more than 3,000 ballots twice. While this did not impact the 2020 elections, since President Joe Biden won by more than 200,000 votes in the county, the board voted to issue a letter of reprimand and reach an agreement on a monitor for the 2024 General Election before the July hearing. A summary of the issues presented and the board’s decisions can be found here.

The board members themselves have been sources of controversy. Most recently, the DeKalb County GOP among others demanded that former board member Ed Lindsey resign. As a lobbyist for both Cobb and DeKalb counties, he had a potential conflict of interest. On May 17, he resigned, and the Georgia House appointed his replacement: Janelle King.

King and her husband, Kelvin, co-chair Let’s Win For America Action, a conservative political action committee. Despite her history as a Republican pundit, King plans to use facts and data to make the right decisions while serving on the board. 

The recent shakeups and ballot count disputes have drawn attention to this little-known government body. The SEB’s lack of diversity is under the microscope as well, as its members are predominantly white and Republican. Furthemore, absent in these meetings are public attendees from communities of color or immigrant communities. The board’s decisions, from what counts as a legitimate ballot to who can assist voters, will influence the November elections. 

Bearing witness to this process is possible for anyone interested and able to attend State Election Board meetings, either in person or via live stream. The next meeting will be held at 8:30 a.m. on July 9 at the Georgia State Capitol, Room 341. Questions and comments can be emailed to sebpubliccomments@sos.ga.gov.