The Georgia State Election Board voted to approve a settlement agreement Wednesday in a lawsuit brought by a left-leaning watchdog group that alleged the board obstructed access to public records.
In a lawsuit filed last year in Fulton County, American Oversight claimed the board had “systematically obstructed public records requests” for information about voter eligibility challenges, communications with outside organizations and voter citizenship verification.
All the board members had used private Gmail accounts to conduct official business but have since switched over to official government emails.
Two Republican members of the board, Janice Johnston and Janelle King, have said they follow open records laws and provide emails when requested. But they’ve said they’re unwilling to share their email accounts with records staff.
The other three board members permitted its paralegal to conduct records searches on their Gmail accounts.
The lawsuit was filed against the board but also names Johnston as a defendant in her personal capacity. First Vice Chair of the Georgia Republican Party Salleigh Grubbs created a GiveSendGo campaign to accept donations to help fund Johnston’s legal defense in the case.
Critics of the fund say it presents a conflict of interest, as Grubbs has a rule proposal the board is scheduled to consider in December and other donors might also have business before the board.
The largest contribution to Johnston’s campaign — $10,000 — came from an anonymous donor.
Johnston said that because no money will be needed for her legal defense, the money raised will either be returned to donors or go toward a “lawfare defense fund.” She did not provide any details about the fund.
John Fervier, the Gov. Brian Kemp-appointed chair of the board, said the settlement would apply to Johnston and the rest of the board.
American Oversight Executive Director Chioma Chukwu said in a statement: “Today’s settlement makes clear that election officials are not above the law — they must comply with state transparency requirements, and if they don’t, they will be held accountable.”
The settlement agreement obtained by The Atlanta Journal-Constitution said the board will instruct all staff to conduct business and communication on their official email accounts and not through personal email accounts, texts or other messaging platforms.
It also said board members must forward official business communications received through personal messaging channels to their official government emails.
Once the settlement is finalized, the board is required to pay $50,000 in state funds to American Oversight for attorneys’ fees, according to the agreement.
The state board made national headlines last year when it passed a series of controversial, last-minute election rule changes ahead of the 2024 presidential contest. The Supreme Court of Georgia rejected some of the rules and decided the board lacks the authority to make new rules that go beyond state law.
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