A Georgia judge determined that members of county election boards are not permitted to obstruct the certification of votes based on suspicions of fraud or error. This ruling addresses the issue of whether local election officials have the authority to exclude individual precincts from county vote totals based on such suspicions, countering a new rule by the State Election Board.
Judge Robert McBurney of Fulton County asserted that allowing county election board members to act as investigators and judges, and subsequently deny the certification of election results due to perceived errors or fraud, would effectively silence Georgia voters. According to him, the Constitution and Election Code do not permit such actions.
The judgment arose from a lawsuit initiated by Julie Adams, a Republican member of Fulton County’s election board, affiliated with a group questioning U.S. election integrity. Her attorney argued that the new rule empowered county board members to decertify votes suspected of fraud or error, potentially excluding entire precincts’ votes.
An investigation by ProPublica highlighted that, had Adams’ interpretation been upheld, election officials in a few rural counties might have rejected enough votes to influence the presidential race outcome. Following the 2020 election’s results, Republican legislators in Georgia attempted to restructure county election boards, installing Trump supporters in several instances. McBurney’s decision clarified that excluding votes from Democratic precincts is not permissible.
Spalding County’s election board chairman declined to comment, while the Ware County chairman did not respond. William Stump, chairman in Troup County, stated that the board’s concern is accurate and timely results.
The ruling emphasized that board members discovering potential fraud or systemic errors during their canvassing must report these concerns to the district attorney rather than refusing to certify votes. Challenges to election results should be handled through court contests, allowing claims to be openly contested.
The ruling marks a significant moment in the ongoing legal battle over the power of county election board members to block election result certification, with experts noting that certification is traditionally seen as non-discretionary. Adams, allied with a right-wing network, has been at the forefront of this battle, attempting to alter Georgia’s election certification rules. Although initially deemed illegal, a version of this rule was later passed by a restructured State Election Board praised by Trump.
Adams also sought the right to access election-related documents before certifying votes. While McBurney granted this access, he stated that delays in receiving information do not justify certification refusal. Legal representation for Adams highlighted the suit’s aim to ensure election transparency and the ability to challenge irregularities, asserting that the ruling preserves these rights.
Despite the ruling, experts anticipate an appeal, potentially delaying a final decision until closer to the election. McBurney has yet to rule on another related case involving the enforcement of a rule that experts fear could disrupt elections by extending the certification process. Meanwhile, the State Election Board continues to face multiple lawsuits regarding recent rule changes.
