Georgia Appeals Court Upholds Ruling Saying Election Officials Must Certify Results
Fulton County Superior Court Judge Robert McBurney had ruled in October 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. The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.
A three-judge panel of the Georgia Court of Appeals last week upheld McBurney's ruling, saying Adams' contention that the trial court erred by declaring she had a mandatory duty to certify election results 'is without merit.' Certification–an administrative task that involves certifying the number of votes–became a political flashpoint when President Donald Trump tried to overturn his loss to Democrat Joe Biden in the 2020 general election. Republicans in several swing states refused to certify results during primary elections last year, and some sued to try to keep from being forced to sign off on election results. In the run-up to last year's presidential election, Democrats and some voting rights groups worried that Trump-allied election officials could refuse to certify election results if he were to lose to then-Vice President Kamala Harris. Trump ended up beating Harris.
Georgia law says county election superintendents, which are generally multimember boards, 'shall' certify election results by 5 p.m. on the Monday after an election or the Tuesday after if Monday is a holiday. McBurney had written in his order that Georgia law allows county election officials to examine whether fraud has occurred and what should be done about it. 'They should share any concerns with the appropriate authorities for criminal prosecution or use them to file an election challenge in court, but cannot use their concerns to justify not certifying results,' the judge wrote. The Court of Appeals opinion echoed McBurney's ruling.
The appeals court also noted that state law limits county election officials' review of documents to instances when the total number of votes exceeds the total number of voters or ballots and also limits the review to documents related to the relevant precinct. 'To the extent that McBurney's ruling allows a more expansive review,' the judges sent it back to him for reconsideration.
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