The new lawsuit does not seek to overturn that election. Instead, it looks ahead to the January runoff.
Last spring the State Election Board approved a rule that allows counties to collect ballots at drop boxes and requires those ballots to be monitored by video 24 hours a day. The board adopted the rule as part of a strategy to encourage absentee voting to limit human contact amid the coronavirus pandemic.
The lawsuit contends that state law does not allow counties to collect ballots at drop boxes outside the normal business hours of election offices. It seeks to limit collection at the drop boxes to those hours and seeks real-time or near real-time access to video surveillance footage of all drop boxes in the state.
The lawsuit also contains numerous sworn statements from Republican poll monitors who say they were denied the opportunity to fully observe vote counting and related activities in various counties on Election Day and in the days that followed. Among other things, it seeks a court order allowing poll monitors to more closely watch such activities and better notification of the time and place of that work.
“The secretary of state’s office has repeatedly instructed county elections officials to ensure access for observers,” said Fuchs, the deputy secretary of state. “We have also made it clear that absentee ballot drop boxes need to be monitored 24/7.”