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HomeLocalGeorgia Election Officials: Their Role is Certification, Not Investigation

Georgia Election Officials: Their Role is Certification, Not Investigation

 

Georgia election officials are mandated to certify results and cannot act as investigators


A Georgia state judge ruled on Tuesday that county election boards are required to certify election results without delay, countering a Republican initiative aimed at expanding the powers of local election officials.

 

Fulton County Superior Court Judge Robert McBurney stated in an 11-page decision that “Election superintendents in Georgia have a strict obligation to certify election results.” He emphasized that no election superintendent or board member can choose not to certify election results for any reason.

This ruling dismissed claims made by Fulton County election board member Julie Adams, who had declined to certify results from this spring’s state presidential and general primaries.

Adams argued she required access to more detailed voting information, such as voter roll lists, drop box handling records, and various documents, before she could decide to approve the certification.

 

However, McBurney concluded that Georgia law mandates certification, and county boards cannot hesitate based on potential fraud concerns or allegations of vote miscounting.

He remarked that “Georgia voters would have their voices suppressed” if local officials were allowed to act as “investigators, judges, and jurors” based solely on their personal beliefs of error or fraud.

 

McBurney affirmed, “Our Constitution and election laws do not permit such actions.”

 

The approach Georgia will take for the forthcoming election may largely depend on a series of hearings happening this week.

On Tuesday, McBurney is scheduled to preside over another case challenging six new regulations imposed by the Republican-majority State Election Board last month. These rules include requirements for a manual count of ballots on election night and the presence of additional poll watchers in counting facilities, as well as mandates for daily updates on voter turnout in each county and reporting discrepancies in ballot counts.

 

These last-minute modifications have faced widespread backlash from Democrats and some Republicans, including officials from the attorney general’s office and the secretary of state’s office.

Georgia’s Republican Secretary of State Brad Raffensperger previously described these rules as “a mess” in remarks to YSL News.

Refusing to certify results has become a more common strategy among Republican election board members since 2020, with an investigation by the Atlanta Journal Constitution finding that at least 19 board members across Georgia have done so.

McBurney will also be making a decision soon regarding another lawsuit filed by Georgia Democrats, contesting a State Election Board rule that suggests a vague “reasonable inquiry” prior to certification. Critics argue this rule lacks clarity, potentially allowing for prolonged “inquiry” proceedings.