A judge in Georgia has ruled that county election officials must certify election results by the legal deadline even if they suspect fraud or mistakes, handing a setback to a Republican official who had refused to sign off on primary results in May.
In a significant ruling that could have implications for the upcoming 2024 presidential election, a judge in Georgia has ordered county election officials to certify results by the legal deadline even if they suspect fraud or mistakes.
The decision by Fulton County Superior Court Judge Robert McBurney is a setback to a Republican official who had refused to sign off on primary results in May, citing concerns about the accuracy of the vote count.
Georgia County Election Officials Ordered to Certify Results by Legal Deadline Despite Alleged Fraud or Mistakes
In his ruling, McBurney wrote that nothing in Georgia law gives county election officials the authority to determine that fraud has occurred or what should be done about it. Instead, he wrote, the law says a county election official's "concerns about fraud or systemic error are to be noted and shared with the appropriate authorities but they are not a basis for a superintendent to decline to certify."
The decision comes as Georgia, a swing state that President Biden won by less than 1% in 2020, is a hotbed for election lawsuits as Republican and Democratic officials battle over voter access and election security there and in other battlegrounds.
Georgia County Election Officials Ordered to Certify Results by Legal Deadline Despite Alleged Fraud or Mistakes
There are multiple lawsuits challenging a new measure passed by the State Board of Elections that would require county officials to hand-count ballots after they are tabulated by a machine on election night.
The suit that led to McBurney's ruling was filed by Fulton County Board of Registration and Elections member Julie Adams and backed by America First Policy Institute, a conservative group aligned with former President Donald Trump.
Georgia County Election Officials Ordered to Certify Results by Legal Deadline Despite Alleged Fraud or Mistakes
Adams had voted against certifying the presidential primary results in May. She then sued the Fulton County elections board, arguing she was not able to fulfill her duties as a superintendent after a documents request was denied, and that she was within her rights to not certify the results.
Fellow county officials denied her request, however, arguing that certification was a mandatory facet of her role and that the request was outside her scope of duties. Her other colleagues on the panel voted to certify the primary results.
Georgia County Election Officials Ordered to Certify Results by Legal Deadline Despite Alleged Fraud or Mistakes
In his ruling, McBurney wrote that Adams' concerns about fraud or systemic error were not a basis for her to decline to certify the results. He also rejected her argument that she was denied access to information necessary to fulfill her duties, writing that she had not provided any evidence to support her claim.
The ruling is a reminder that county election officials have a duty to certify election results by the legal deadline, even if they have concerns about the accuracy of the vote count. It also suggests that the courts will not tolerate efforts to delay or obstruct the certification process.
The decision comes as a major blow to Republican efforts to challenge the legitimacy of the 2024 election. If upheld on appeal, it could help ensure that the results of the election are certified and that the winner is inaugurated on time.
