Georgia Election Board Reaches Settlement in Transparency Dispute
The Georgia state election board has agreed to pay $50,000 to resolve a legal challenge brought by a government watchdog organisation concerning board members' use of private email accounts for official communications. As part of the settlement, the Republican-controlled board has committed to conducting all future election business through official government channels.
The Lawsuit and Its Origins
The case was initiated in October 2024 by American Oversight after a request made under the Georgia Open Records Act uncovered that board member Janice Johnston had been using a personal Gmail account for state election board matters. The organisation filed suit when Johnston refused to hand over those emails following the formal request.
This development created significant friction within state government when Georgia's Attorney General, Chris Carr, took the unusual step of declaring that his office would not provide the customary legal defence for the board against the lawsuit. American Oversight had also formally urged Georgia's inspector general and attorney general to investigate potential breaches of the state's open records and open meetings laws.
Settlement Terms and Broader Implications
The legally binding settlement explicitly requires board members to use official email accounts and "not to use personal email accounts, text messaging, or messaging through other applications for that purpose". It specifically addresses the use of "ephemeral messaging applications" like Snapchat and Signal, which feature disappearing messages.
Chioma Chukwu, Executive Director of American Oversight, stated that the agreement reinforces that election officials must adhere to transparency laws. "When officials who continue to challenge the results of the 2020 election are put in charge of ensuring 'fair, legal and orderly elections' in Georgia – but do so behind closed doors – the integrity of our elections is at risk," she said.
Controversy and Ongoing Scrutiny
Following the lawsuit's filing, partisan supporters established a legal defence fund for Johnston, raising nearly $30,000, including an anonymous $10,000 donation. Voting rights observers raised ethical concerns about the fund, particularly as a proposal from Georgia Republican board member Salleigh Grubbs to indemnify the state elections board was under consideration at the time.
It is important to note that the settlement resolves the complaint without an admission of liability from the board or Johnston. However, American Oversight is continuing to pursue a separate, related case alleging the Georgia election board violated the Georgia Open Meetings Act.
