Georgia election officials must certify results by the date required by state law, a judge ruled Monday. It said it does not have the discretion to delay certification because of fraud concerns or other potential problems that could arise while votes are being counted.
“Georgia’s election administrators have a mandatory standing duty to certify election results by November 12,” Fulton County Judge Robert McBurney wrote in Monday’s order.
The ruling came in a lawsuit filed by Julie Adams, a Republican member of the Fulton County Board of Elections. He argued that election commission members have discretion over certification. Without authority to investigate allegations of fraud, she “cannot fulfill her oath of office,” she wrote in the complaint.
McBurney, who also chairs the Georgia grand jury that indicted Trump and others in 2023, wrote, “Under no circumstances can an election official (or a member of the Board of Election Registration) refuse to certify the election results or abstain.”
The case was supported by the Trump-backed America First Policy Institute. At the Oct. 1 bench trial, Adams’ lawyers argued that election officials should be able to certify results that do not include ballots under investigation for fraud.
McBurney said in his ruling that local superintendents have a duty to “investigate concerns about calculation errors” but do not have the authority to investigate or determine fraud. Instead, any concerns they have should be directed to law enforcement, he wrote.
“The Georgia Bureau of Investigation, the Secretary of State, many district attorneys and the Attorney General are all better equipped and empowered to do the job of identifying election fraud and seeking consequences for it,” McBurney said. “The Superintendent is not.” I wrote:
John Bazemore / AP
Adams could not immediately be reached for comment. You can appeal the decision.
Quentin Fulks, spokesman for Vice President Kamala Harris’ campaign, welcomed the ruling.
“In election after election, state after state, we have protected elections from far-right Republicans trying to disrupt them,” Fulks said. “Democrats are ready to stand up and make sure every voter knows it matters and can vote.” “he said. name.
Judge McBurney is presiding over other assignments in a state of critical presidential election swing as Election Day approaches. On Tuesday morning he is hearing arguments: new rules It was passed by the state Board of Elections last September. Critics have said the rules, which include requirements to count ballots, could delay certification of the election.
A ruling in the case is pending.
