Ethics complaint: “the next steps under the statute are clear” on accountability

Atlanta — Last Friday, an ethics complaint was formally filed against three members of the Georgia State Election Board, Rick Jeffares, Janice Johnston, and Janelle King, for their actions which “failed to uphold the laws and regulations of the State of Georgia.”

Directed to Governor Brian Kemp “solely in [his] capacity as the official responsible for receiving formal ethics complaints and resolving them under state law,” the complaint states that the “next steps under the statute are clear” on accountability. It calls on Gov. Kemp to order a prompt hearing to investigate the charges, emphasizing the need for a resolution before the November election to ensure voter confidence in the integrity of Georgia’s electoral process.

The complaint, which was filed by a former Fulton County Board of Elections Chair and can be read in full here, highlights multiple, specific legal and ethical concerns that have stemmed from the election board members’ actions:

1. Violation of Open Meetings Act: The board members are accused of willfully violating Georgia's Open Meetings Act by conducting a meeting on July 12 without proper notice, where they passed controversial election rules without public participation or the involvement of all board members. This conduct is not only illegal but also undermines transparency in election administration.
2. Disregard for Legal Advice: The ethics complaint alleges that the board members repeatedly ignored legal advice from the Georgia Attorney General’s office, including advice against reopening an already adjudicated investigation into the 2020 election in Fulton County. Instead, they sought counsel from outside sources, which is a violation of Georgia law. The outside sources include a lawyer for the Georgia Republican Party, further eroding public trust.
3. Potential Partisan Motives: The complaint also raises concerns that these actions may have been driven by partisan motives. Rick Jeffares openly discussed seeking a position in a potential second Trump administration, casting doubt on the impartiality of the board’s recent rule changes. Janice Johnston joined Trump’s August 3rd campaign rally in Atlanta, where Trump specifically praised the three members the complaint was filed against.

Unlawful Meeting: On July 12, Republican members of the Georgia State Election Board went rogue to set up a meeting without public notice and seemingly without input from the Board’s Chair. Their actions were not in compliance with Georgia law which requires the Board Chair to give prior notice to each Board Member of the time and place of each meeting. The rules they tried to ram through in their unlawful meeting are the very rules that they later held another meeting to engage in a do-over vote and passed after a lawsuit alleged the meeting violated state law.

MAGA Certification Strategy: The MAGA efforts to change Georgia’s election certification rules, being pushed by the GA GOP and RNC operatives and approved by State Election Board members, build on other efforts by Trump allies to obstruct certification. Fulton County Election Board member Julie Adams filed a suit challenging a Georgia law that prevents local officials from refusing certification. She’s represented by the Trump-aligned America First Policy Institute in her lawsuit and also works with the Election Integrity Network, founded by Cleta Mitchell, who joined Trump’s infamous call to Georgia Secretary of State Brad Raffensperger. In 2020, a Coffee County elections official delayed certifying President Joe Biden’s win in Georgia and refused to validate the recount results, citing MAGA-backed election conspiracies.

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