Georgia Judge's Ruling on Election Certification

County Election Officials Must Certify Election Results

A judge in Georgia has decreed that county election officials are obligated to certify election results by the statutory deadline, irrespective of any irregularities or allegations of fraud. The law in Georgia mandates that county election superintendents certify the election results by 5 p.m. on the Monday following the election. If this date happens to be a federal holiday, as is the case this year, the deadline is extended to Tuesday.

Judge Robert McBurney's Ruling

On October 14, Fulton County Superior Court Judge Robert McBurney ruled that election officials must adhere to this deadline. In his opinion, he stated, "No election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance." He further clarified that if a superintendent requires additional information from the elections board or other election officials, it should be provided promptly, unless it is protected by law. However, he emphasized that any delay in receiving such information should not be used as a reason to refuse or abstain from certifying the election results.

The Lawsuit that Led to the Ruling

The lawsuit that led to this ruling was filed by Julie Adams, a Republican member of the Fulton County Board of Elections and Registrations. Adams took legal action after the county’s appointed election director allegedly declined her repeated requests for access to election results and processes. Unable to observe the county’s election results and processes herself, Adams voted against certifying the results of the presidential preference primary in March. Her lawsuit sought clarification on the extent of the election director’s role and her own rights as a member of the election board.

Implications of the Ruling

In his ruling, Judge McBurney stated that election certification is a purely ministerial task that does not allow for discretion in excluding some votes while counting others. He argued that allowing election superintendents to act as investigator, prosecutor, jury, and judge and refuse to certify results due to a unilateral determination of error or fraud would effectively silence Georgia voters. He concluded, "Our Constitution and our Election Code do not allow for that to happen." This ruling coincided with the start of early voting in Georgia, where voters have the option to vote early in person through November 1.

Bottom Line

This ruling by Judge McBurney underscores the importance of adhering to the mandated process of election certification, irrespective of potential irregularities or allegations of fraud. It emphasizes the need for transparency and accountability in the election process, and the crucial role of election officials in ensuring that every vote is counted. What are your thoughts on this ruling? Do you believe it will have an impact on future elections? Share your thoughts with your friends and sign up for the Daily Briefing, which is delivered every day at 6 p.m.