Irwin County board outlines certification process and deadlines, warns of legal risks

At a Sept. 10 meeting, Irwin County Election Supervisor Ethan Compton briefed the Board of Elections & Registrations on the board’s duties and timelines for certifying the Nov. 5 election results.

Compton said the board will hold a special meeting at 3:00 p.m. Friday, Nov. 8 to compare the numbered list of voters who voted with the number of ballots cast per precinct and the number of registered voters per precinct. "This count will only be for all ballots cast as of that time, and it is understood that these numbers may not be final or complete due to potentially pending cure provisional ballots and/or yet-unreturned UOCAVA ballots," he said.

The board will meet to certify election results at 5:15 p.m. Friday, Nov. 8, "as soon as practicable after the conclusion of the Provisional ballot cure and UOCAVA ballot receipt deadlines," Compton said. He noted that each board member may vote yes or no on certification, but state law requires any member voting no to submit written reasons for the public record. If a majority votes no, staff will address the written concerns and the board will post notice for a special meeting that evening; state law also allows additional special meetings on subsequent days. The county must secure a majority yes vote to certify by 5 p.m. Tuesday, Nov. 12; the deadline is shifted to Tuesday this year because Veterans Day affects the normal Monday deadline.

Compton warned the board it is possible lawsuits could follow a failure to certify and said county board members who miss statutory duties in other jurisdictions have faced prosecution. He said lawsuits seeking writs of mandamus in the Tifton Superior Court could compel the board to reconvene and certify unless the written justifications for dissenting votes are found to have merit.

Compton framed the discussion as a clarification of duties amid increased press attention and proposed state rules. He urged the board to avoid court action and said staff are prepared to address concerns to allow certification without legal entanglement.

The minutes do not record any formal action on changing certification law; they record informational clarification from staff and reminders of statutory deadlines and procedures. The board approved the meeting minutes and adjourned 3-0.