CNN —
County election officials in Georgia cannot delay or refuse to certify election results, a state judge ruled Monday, rejecting results based on allegations of fraud and abuse in key battleground states. It dealt a blow to conservative efforts to gain legal rights.
Fulton County Superior Court Judge Robert McBurney wrote in an 11-page decision that “Georgia’s election supervisors have certain obligations to certify election results.” “Accordingly, no election official (or member of the Elections and Registration Commission) may under any circumstances refuse to certify or abstain from certifying the election results.”
The case is attracting attention as it is one of several disputes over election certification in key battleground states. A separate lawsuit filed by the state Democratic Party and the national Democratic Party is still pending, violating state election board rules that require local election officials to conduct a “reasonable investigation” before certifying election results. It is pending.
McBurney said in his ruling that local superintendents have a duty to “investigate concerns about miscounts,” but that such concerns “are not cause for delaying or denying certification.” Ta.
The lawsuit was brought by Julie Adams, a Republican on the Fulton County Board of Registration and Elections, who told the judge that the task of certifying election results “is a discretionary power, not a ministerial prerogative.” asked to declare.
“If, as the plaintiffs allege, election officials are free to play the roles of investigators, prosecutors, jurors, and judges, and refuse to certify election results based on unilateral judgments of error or fraud, Georgia voters will be silent,” McBurney wrote. “Our Constitution and election laws do not allow that to happen.”
County election officials have a legal deadline of Nov. 12 of this year to certify election results.
Fulton County has legitimate issues with its election administration, and the State Board of Elections earlier this year cited issues surrounding the 2020 presidential election, including cases where stacks of ballots were double-scanned during voting. He reprimanded the county and ordered an independent election monitor. One of the 2020 recounts.
But an extensive investigation of the 2020 Georgia election, which included two rounds of machine vote counting and one round of hand counting, revealed no evidence of widespread fraud. There has yet to be any evidence that tally sheets were tampered with or that ballots were fraudulently removed by couriers from drop boxes in 2020 or subsequent elections.
The Democratic National Committee and the Georgia Democratic Party, which intervened in the case with support from Vice President Kamala Harris’ campaign to oppose Adams’ claims, celebrated Tuesday’s ruling as a major legal victory.
“Election after election, state after state, we have protected elections from far-right Republicans trying to interfere with them. And Democrats have stood up and made sure every voter counts. We continue to prepare to vote. Experts are clear that the 2020 election was free, fair, and secure, and Democrats are making sure 2024 will be no different.” said the two organizations in a joint statement.
Adams’ attorney did not respond to CNN’s request for comment.
Mr. McBurney handed Mr. Adams a small victory in his ruling, saying he had the right to request and receive access to “election information” before certifying the results. But the judge said that “delays in receiving such information are not grounds for refusing to certify or abstaining from certifying the election results.”
McBurney also emphasized that superintendents and others could raise concerns about possible election fraud or irregularities through post-certification court challenges, known as “election contests.”
“Importantly, the election campaign will take place in open court, under the scrutiny of judges and the public,” he wrote. “Claims of misconduct from one side, rather than being silently ‘adjudicated’ by the superintendent outside of the public square, are tried by the other side in open court, resulting in final claims without due process.” Votes excluded from the count will be given to the electors.”
This story has been updated with additional developments.
