Court mandates timely certifying of election results for Fulton County
A Georgia judge decreed on Tuesday that local election officials must certify election results by the state’s deadline this November.
This decision from Judge Robert C. I. McBurney dismissed a request from Julie Adams, a Republican member of the election board in Fulton County, Atlanta. Adams sought a legal ruling that would allow her to not certify the election results. Having previously declined to certify outcomes during a May primary, she argued that as an election official, she must have the right to refuse if she perceives the results as inaccurate or compromised due to her responsibility to “prevent any fraud, deceit, or abuse.”
Judge McBurney’s ruling brings clarity to concerns in Georgia about the potential for unrest if local officials decide to refuse to certify results after the November elections. The deadline for certification is November 12, a week after the elections. This national trend has been observed since 2020 when local officials resisted certification amid former President Donald Trump’s attempts to overturn the election results.
Judge McBurney stated that if election board members acted as “investigator, prosecutor, jury, and judge” to unilaterally determine errors or fraud and thus refuse to certify election results, it would effectively silence Georgia voters.
“Our Constitution and our Election Code prohibit that from happening,” he emphasized.
The legal team representing Adams did not reply immediately to requests for comments.
Adams explained that she sought the court’s decision because she faced threats of civil lawsuits and potential criminal charges for allegedly neglecting her official duties.
The judge allowed part of Adams’ petition concerning access to election-related documents, stating that if county election board members need information from their staff, it should be supplied promptly unless restricted by law.
“Yet, any delay in receiving such information cannot excuse refusal to certify the election results,” McBurney cautioned.
In his statement, McBurney noted that should election board members detect potential fraud, it is still essential to count all votes while reporting their findings to authorities.
Additionally, Judge McBurney is handling another case initiated by state and national Democrats, requesting a confirmation that certification is compulsory following recent rule changes by the Georgia State Election Board, which could be misused by local officials to avoid certifying results. The state board, however, insists that these new regulations do not alter the certification deadline established by Georgia law.