Special Poll
A Georgia judge ruled on Tuesday that county election officials cannot delay or refuse to certify election results based on suspicions of fraud. Fulton County Superior Court Judge Robert McBurney made it clear in an 11-page decision that local officials are obligated to certify results, rejecting arguments presented by Fulton County election board member Julie Adams.
McBurney highlighted that concerns about potential fraud or errors should be reported to the appropriate authorities but cannot serve as grounds for declining certification. He emphasized that election superintendents are not in a position to act as investigators or judges. He warned that allowing such discretion would disenfranchise voters in Georgia.
Adams had argued that she couldn’t fulfill her duty after her request for numerous election documents was denied before the certification deadline for Georgia’s presidential primary in March. The judge explained that while officials have the freedom to conduct certain investigative tasks, this does not override the primary obligation to certify election results.
This ruling comes amid a series of legal challenges to Georgia’s election laws. Earlier in the month, McBurney presided over a trial concerning new rules from the State Election Board, which permit a “reasonable inquiry” before certification and allow election workers to review documentation related to elections. The judge reiterated that election officials are required to certify results, though he has yet to issue a ruling on that case.
Additionally, on Tuesday, McBurney was scheduled to hear a separate lawsuit filed by Cobb County’s election board against the State Election Board, challenging six other rules, including a controversial requirement for hand-count verification on election night.