ATLANTA — A Georgia choose has dominated county election officers should certify election outcomes by the deadline set in legislation and can’t exclude any group of votes from certification even when they believe error or fraud.
Fulton County Superior Courtroom Decide Robert McBurney dominated that “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.” Whereas they’ve the correct to examine the conduct of an election and to overview associated paperwork, he wrote, “any delay in receiving such information is not a basis for refusing to certify the election results or abstaining from doing so.”
Georgia legislation says county election superintendents, that are multimember boards in most counties, “shall” certify election outcomes by 5 p.m. on the Monday after an election — or the Tuesday if Monday is a vacation as it’s this 12 months.
Fulton County Superior Courtroom Decide Robert McBurney.
The ruling comes as early voting started Tuesday in Georgia.
Julie Adams, a Republican member of the Fulton County election board, had requested the choose to declare that her duties as an election board member have been discretionary and that she is entitled to “full access” to “election materials.”
Lengthy an administrative job that attracted little consideration, certification of election outcomes has develop into politicized since then-President Donald Trump tried to overturn his loss to Democrat Joe Biden within the 2020 common election. Republicans in a number of swing states, together with Adams, refused to certify election outcomes earlier this 12 months and a few have sued to maintain from being pressured to log out on election outcomes.
Adams’ go well with, backed by the Trump-aligned America First Coverage Institute, argues that county election board members have the discretion to reject certification. In courtroom earlier this month, her attorneys additionally argued that county election officers may certify outcomes with out together with ballots that seem to have issues, allaying issues of a board member who would possibly in any other case vote to not certify.
Decide McBurney wrote that nothing in Georgia legislation provides county election officers the authority to find out that fraud has occurred or what needs to be performed about it. As a substitute, he wrote, the legislation says a county election official’s “concerns about fraud or systemic error are to be noted and shared with the appropriate authorities but they are not a basis for a superintendent to decline to certify.”
