Georgia judge says election results must be certified without delay.
Georgia Election Officials Must Certify Results by Required Date, Judge Rules
In Georgia, elections officials are mandated to certify results by the deadline specified in state law, as affirmed by a recent ruling from Fulton County Judge Robert McBurney on Monday. The judge emphasized that officials do not have the discretion to postpone certification due to concerns regarding fraud or other potential issues arising during the vote counting process.
The ruling stemmed from a case filed by Julie Adams, a Republican member of the Fulton County election board, who contended that election board members had flexibility regarding certification. She expressed in her complaint that failure to have the authority to investigate for fraud would prevent her from fulfilling her oath of office.
McBurney, who notably oversaw the 2023 grand jury that indicted former President Trump, stated in his order that no election superintendent or board member can refuse or abstain from certifying election results under any circumstance. The case was supported by the Trump-aligned America First Policy Institute, with Adams’ attorneys arguing at an Oct. 1 bench trial that officials should be allowed to certify results excluding batches of ballots under investigation for fraud.
However, McBurney clarified in his ruling that while local superintendents should look into miscounts, they lack the authority to investigate or determine fraud, which should be referred to law enforcement agencies. He highlighted that entities such as the Georgia Bureau of Investigation, Secretary of State, District Attorneys, and Attorney General are better positioned to verify election fraud and take appropriate action, as opposed to election superintendents.
In response to the ruling, Quentin Fulks, a spokesperson for Vice President Kamala Harris’ campaign, commended the decision, underscoring the ongoing efforts to safeguard elections against attempts by far-right Republicans to disrupt them. Fulks emphasized the commitment to ensuring every voter can participate in casting their ballot with the confidence that it will be counted.
McBurney, the presiding judge, is also overseeing other legal challenges in Georgia as the presidential election approaches. Notably, he is set to hear arguments on a challenge to new regulations approved by the State Election Board in September, which critics argue, such as requiring a hand count of ballots, could lead to delays in the election certification process. A ruling on this particular case is pending.
The ruling delivered by Judge McBurney serves as a crucial legal precedent reinforcing the non-negotiable obligation of Georgia election officials to certify results by the stipulated date, without room for discretion or delay, even in the face of potential concerns over fraud or other issues.
