Georgia Election Board Reaches Settlement in Transparency Dispute
The Georgia state election board has agreed to a $50,000 settlement with a government watchdog group, concluding a legal battle over board members' use of private email accounts for official business. The Republican-controlled board, which has persistently called for further investigation into Georgia's 2020 presidential election results, has also committed to conducting all future state election business through official government channels.
Terms of the Agreement and Use of 'Ephemeral' Apps
The settlement, which was finalised in 2024, mandates that the board instruct its members to use official email accounts and explicitly avoid personal email, text messages, or other messaging applications for official purposes. The agreement specifically addresses the use of 'ephemeral messaging applications', such as Snapchat and Signal, which have disappearing-message functions.
According to the terms, board members must ensure such messages are retained and forwarded to their government email accounts, making them available for any future requests under the Georgia Open Records Act.
Origins of the Lawsuit and Political Fallout
The lawsuit was initiated in October 2024 by the watchdog organisation American Oversight. The group filed suit after a public records request revealed that board member Janice Johnston had been using a private Gmail account for election board matters but refused to hand over those emails.
The case became politically contentious when Georgia's Attorney General, Chris Carr, broke with custom by announcing his office would not defend the board against the lawsuit. Following the suit's filing, partisan supporters established a legal defence fund for Johnston, raising nearly $30,000, including an anonymous $10,000 donation that critics argued could violate state ethics laws.
Chioma Chukwu, Executive Director of American Oversight, stated that the settlement reinforces that election officials must operate transparently. "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.
The board and Johnston resolved the complaint without admitting liability under the law. American Oversight is continuing to pursue a separate case alleging the board violated the Georgia Open Meetings Act.