In Atlanta, a state judge has ruled that Georgia’s local election board members do not have the authority to refuse certification of election results, even if there are allegations of fraud or errors. Judge Robert McBurney of Fulton County Superior Court stated in his decision that allowing election superintendents to act as investigators, prosecutors, jurors, and judges, thereby refusing to certify election results, would effectively silence Georgia voters. He emphasized that the state’s Constitution and Election Code do not permit such actions.
The ruling comes after some Republican local election board members chose not to certify results from earlier primary contests, despite new rules from the Georgia State Election Board that suggested such decisions could be discretionary. Georgia’s Republican Secretary of State has consistently maintained that certification is a mandatory process under state law.
Julie Adams, a Republican on the Fulton County Board of Elections, had petitioned the court to confirm that her role in certification was discretionary. Adams had declined to certify several elections this year. McBurney has not yet ruled on the legality of the State Election Board’s new rules, which face challenges in various lawsuits.
These rules stipulate that local boards should conduct a “reasonable inquiry” into election accuracy before certifying results and ensure members can review all relevant documents before certification. Democratic officials and organizations, including the Democratic Party of Georgia and the Democratic National Committee, have filed lawsuits to overturn these rules, arguing that the duty to certify results is not discretionary.
Certifying election results at the county level is a crucial step before the Electoral College vote and attempted obstructions could lead to misinformation about the election’s integrity, potentially impacting this essential swing state.
The State Election Board, led by Republicans, has faced criticism for implementing rule changes before the November election, which have been supported by former President Donald Trump. These changes have been challenged by Democrats, local election officials, and Georgia’s Republican Secretary of State and Attorney General due to the timing and implications for poll worker training.
Several rules, such as one requiring poll workers to hand count ballots on Election Day, are currently under legal scrutiny. During a recent trial, lawyers on both sides agreed that Georgia law mandates certification by a specific deadline but debated the extent of court oversight needed for noncompliant officials.
Elizabeth Young, Georgia’s senior assistant attorney general, stressed the expectation that officials will act in good faith, yet McBurney noted instances where certification was refused, reflecting on recent events in Fulton County.
Lawyers seeking to contest the rules urged McBurney to issue a ruling to make mandatory certification clear. McBurney also heard challenges from Adams, whose legal representation argued for the individual discretion of board members in the certification process, as long as a majority of the board concurs on the “correct” votes.
In his ruling, McBurney agreed that election board members should have access to necessary information for inspections, yet emphasized that a lack of such information is not sufficient reason to oppose certification. He clarified the specific duties of election superintendents, noting some actions must be completed without discretion.
The ruling may be subject to appeal, suggesting that legal proceedings could continue as Election Day approaches.
