Georgia Judge Rules Election Certification is Mandatory Duty for Officials

 

A judge in Georgia ruled on Tuesday that county election officials are required to certify elections, rejecting claims by a Republican board member that they could refuse certification based on suspicions of fraud or error. The case stems from a lawsuit filed by Julie Adams, a member of the Fulton County Board of Registration and Elections, after she abstained from voting to certify the May primary election.

Adams claimed she was denied access to essential election documents, prompting her to refuse certification. The lawsuit received support from the America First Policy Institute, a legal organization established by former Donald Trump advisers to promote election integrity efforts. However, Fulton County Superior Court Judge Robert McBurney ruled that while Adams was entitled to access the documents, the lack of access did not justify denying the certification of an election.

Judge McBurney emphasized that if election officials could independently decide to investigate and refuse to certify based on their suspicions, it would disenfranchise Georgia voters. “Our Constitution and our election code do not allow for that to happen,” he stated, reinforcing that the law requires officials to certify elections.

The judge highlighted the term “shall” in the election code, indicating that certification is an obligation rather than a choice. He noted that “shall” conveys a command, emphasizing the importance of following the law.

Additionally, on Tuesday evening, Judge McBurney issued a temporary halt to a requirement for clerks to conduct hand counts of total ballots, stating that implementing such a procedure for the upcoming 2024 election would be impractical.

Adams, who serves as the regional coordinator for southeastern states in the Election Integrity Network (EIN)—a group known for recruiting election deniers—sought to overturn a longstanding precedent that classifies election certification as a “ministerial” act. Historically, disputes regarding elections in Georgia have been resolved through investigations by local authorities and the judicial system.

The ruling comes amidst ongoing challenges to changes made by a group of Trump-aligned Republicans on Georgia's state elections board, who have introduced policies allowing for undefined “reasonable inquiries” prior to election certification. These changes are currently being contested by Democratic leaders in separate legal cases.