A voter advocacy group filed an emergency lawsuit just hours before polls closed in Georgia to keep Republican candidate and current secretary of state from presiding over his race against Democrat Stacey Abrams.

Ms Abrams is hoping to make history by becoming the first African American, female governor in the US, all while the race has been plagued by perceived voter suppression.

Protect Democracy, the group who filed the suit, said in a statement Mr Kemp’ maintaining his government position while running “violates a basic notion of fairness”.

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It added: "a man should not be a judge in his own matter — and has had predictable results: in recent days Defendant Kemp has used the official powers of his office to interfere in the election to benefit himself and his political party and disadvantage his opponents".

In the court document, Project Democracy said in the court filing Mr Kemp staying in office "poses a risk of bias under the best circumstances".

Georgia gubernatorial candidate: 'I only remember the man who tried to tell me I don't belong'

The group has cited Mr Kemp's accusation against Democrats that they hacked the electoral system in the state after the state party reported a possible cybersecurity breach to Mr Kemp's government office.

The controversy is nothing new for this race.

Just days before ballots were cast, federal judges issued two rulings against the secretary of state's efforts to not count certain votes.

US midterm elections: voters head to the polls Show all 28 1 /28 US midterm elections: voters head to the polls US midterm elections: voters head to the polls Beto O'Rourke talks with a supporters after he cast his ballot at El Paso Community College-Rio Grande Campus Getty Images US midterm elections: voters head to the polls Sarah Salem, 34, swims as voters cast their ballots at Echo Deep Pool in Los Angeles AP US midterm elections: voters head to the polls Abigail Spanberger, Democratic candidate to represent Virginia's seventh Congressional district in the US House of Representatives; casts her ballot to vote in the 2018 midterm general election, with her daughters Claire (L), Charlotte (Bottom C) and Catherine (R); inside a polling station located at Deep Run High School in Glen Allen, EPA US midterm elections: voters head to the polls A voter waits behind a line to cast their vote at a Fulton County polling place in Atlanta, Georgia REUTERS US midterm elections: voters head to the polls Representative Peter King and his wife Rosemary hand in their completed ballots as voters turn out at the Manor Elementary School in Seaford AP US midterm elections: voters head to the polls Two year old Mave Adilatta looks out from a voting booth as her mother casts her ballot in Cambridge, Massachusetts EPA US midterm elections: voters head to the polls Beto O'Rourke, candidate for US Senate, speaks with reporters after voting REUTERS US midterm elections: voters head to the polls A voters fills out their ballot for the midterm election at a polling place in Madison, Wisconsin REUTERS US midterm elections: voters head to the polls Congresswomen Elect Ayanna Pressley speaks to reporters after voting at the Adams Street Library AFP/Getty Images US midterm elections: voters head to the polls A sign showing voters where to cast their ballots in the 2018 midterm election in the Mt Airy neighborhood in Philadelphia EPA US midterm elections: voters head to the polls Democratic candidate for Vermont Governor Christine Hallquist leaves after voting in Hyde Park, Vermont EPA US midterm elections: voters head to the polls Members of the group Your Vote Matters place signs on an overpass in Saint Louis, Missouri EPA US midterm elections: voters head to the polls Voters cast their ballots at a polling station setup in a City of Hialeah Fire Station Getty Images US midterm elections: voters head to the polls Voters enter a polling station in Des Moines, Iowa Getty Images US midterm elections: voters head to the polls Volunteers with the Democratic party take cover from the rain as they wait to speak to voters outside of a polling station AFP/Getty Images US midterm elections: voters head to the polls Voters cast their ballots in the 2018 midterm election at the Fraternal Order of Eagles in Streetsboro, Ohio EPA US midterm elections: voters head to the polls Democratic candidate for Vermont Governor Christine Hallquist campaigns in Stowe EPA US midterm elections: voters head to the polls A voter of the Jewish community is seen leaving after he cast his ballot in the midterm election at the East Midwood Jewish Center polling station in the Brooklyn borough of New York City AFP/Getty Images US midterm elections: voters head to the polls A man wearing a New York Yankees hat votes during in Manhattan Reuters US midterm elections: voters head to the polls Voters line up to cast their ballot just before the polls open in the mid-term election in Miami Getty US midterm elections: voters head to the polls Voters cast their ballots at the Tuttle Park Recreation Center polling location in Columbus, Ohio AP US midterm elections: voters head to the polls Stickers that read 'I Voted' are seen at a polling station located at Deep Run High School in Glen Allen, Virginia EPA US midterm elections: voters head to the polls Poll workers check over voting machinery before voters arrive at Franklin School in Ohio USA EPA US midterm elections: voters head to the polls Voters cast their ballots at Immaculate Conception Parish Hall in Ravenna, Ohio EPA US midterm elections: voters head to the polls Election judges take the oath before opening a polling location in Arlington Heights, Illinois EPA US midterm elections: voters head to the polls Voters arrive at the Tuttle Park Recreation Center in Columbus, Ohio AP US midterm elections: voters head to the polls People vote in Manhattan Reuters US midterm elections: voters head to the polls A voter uses an electronic voting machine AP

In one ruling, approximately 3,600 new US citizens had asked for their ballots to be counted. The state's 159 separate county boards of elections use motor vehicle records to determine voter eligibility, but the records had not been updated with these voter's new citizenship status.

It resulted in their voter registrations to initially be rejected. The judge ruled these new Americans should be allowed to vote if they provide a poll worker proof of their citizenship.

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The other ruling was to have more than 50,000 absentee ballots, filed by voters who are travelling or stationed aboard during Election Day or early voting days, be counted after being rejected originally.

The Gwinnett County board of elections rejected the applications based on the state's "exact match" policy enacted by Mr Kemp in his official capacity.

The county has one of the fastest growing minority populations in the state as well, prompting several critics to cry foul about "blatant" voter suppression as Dr Carol Anderson, professor and author of One Person, No Vote, told The Independent.