05/01/2026
Eternal Vigilance Action joined organizations from across the political spectrum today in urging the Georgia State Election Board to stay within the limits of its lawful authority.
The issue before the Board is not whether someone prefers ballot marking devices or hand-marked paper ballots. The issue is whether an unelected state board has the legal power to order all 159 counties to make a fundamental change in Georgia’s voting system when the General Assembly has not authorized it. It does not.
Georgia law still requires the use of ballot marking devices and ballot scanners, and it requires uniform voting equipment across the state. SB 189 changes how ballots may be tabulated beginning July 1, 2026, by prohibiting QR code, bar code, or similar coding from serving as the basis for official tabulation, but it does not authorize the State Election Board to replace Georgia’s voting system by rule.
The Georgia Supreme Court made this point unmistakably clear in Republican National Committee v. Eternal Vigilance Action: the State Election Board may adopt rules only when those rules are consistent with existing law. The Board cannot use rulemaking to rewrite statutes, expand its own powers, or solve legislative problems by pretending the General Assembly has given it authority it has not given.
EVA supports responsible, lawful implementation of Georgia’s election laws. We also believe that process matters. If Georgia’s voting system needs to change, that decision belongs to the legislature, not to an administrative board acting beyond its statutory authority.
We urge the State Election Board to reject any rule that would mandate a statewide transition to hand-marked paper ballots absent clear legislative authorization. The Board should respect the law, respect the separation of powers, and avoid inviting another round of litigation that Georgia’s election system does not need.
