Judge Thwarts GOP Georgia Election Officials—Says Board Must Certify Vote Counts

Topline

A state judge in Georgia—where many Republican officials continue to falsely blame election fraud for Donald Trump losing the state in 2020— said local officials must certify election results even if they suspect there could be wrongdoing, thwarting efforts by GOP election officials weeks before Georgia likely becomes a crucial battleground in the presidential election.

Key Facts

Georgia Superior Court Judge Robert McBurney issued a declaration saying election board members are required to certify elections and do not have any discretion to refuse to do so.

The ruling was in response to a lawsuit brought by Fulton County board member Julie Adams, a Republican who voted against certifying results in the primary election, who asked for the judge to clarify what discretion election officials have.

McBurney ruled officials have some discretion when it comes to deciding how to count the votes, but they “must certify and must do so by” the Monday after Election Day.

If election officials feel there may have been fraud in the election, they should report it to a local district attorney.

The judge’s ruling is likely to have a sweeping effect across Georgia, as the Atlanta Journal-Constitution reports at least 19 local Georgia officials have refused to certify elections since 2020—when former President Donald Trump sowed doubt in the election results, causing election officials across the country to go along with his fraud claims.

Crucial Quote

“If election superintendents were, as Plaintiff urges, free to play investigator, prosecutor, jury, and judge and so—because of a unilateral determination of error or fraud—refuse to certify election results, Georgia voters would be silenced,” McBurney wrote.

What To Watch For

A number of other cases involving Georgia’s election rules are still pending in state court ahead of Election Day, the Journal-Constitution notes, including regarding controversial rules allowing officials to conduct a “reasonable inquiry” into any perceived vote issues before certifying election results and requiring ballots to be hand-counted on election night. Democrats have warned Republicans could use the state’s new rules to sow distrust in the vote count and delay certifying the results.

Big Number

46%. That’s the share of Georgia voters supporting Vice President Kamala Harris, according to a Wall Street Journal poll released Friday, as compared to 45% who backed Trump. The two candidates have been running neck-and-neck in the battleground state ahead of the election, suggesting there could be razor-thin results.

Key Background

Local election officials and their role have become increasingly politicized in the wake of the 2020 election and Trump’s baseless claims of voter fraud, as pro-Trump officials have taken it upon themselves to contest election results or claim fraud. Left-leaning watchdog Citizens for Responsibility and Ethics in Washington found 35 officials have refused to certify election results since 2020, affecting not only Georgia but also elections in Arizona, Colorado, Nevada, New Mexico, North Carolina, Pennsylvania and Michigan. With Trump and his allies already suggesting they could challenge the results again if the ex-president loses, Democrats have been trying to shore up protections to the vote count and certification ahead of the election. In addition to lawsuits brought against new rules in Georgia, election officials in Arizona told CNN they were “mov[ing]

aggressively” to deter any issues with the presidential election, including by prosecuting officials who refused to certify results in the past. Michigan voters also approved a constitutional amendment in 2022 that requires officials to certify elections based on the votes that are cast, among other measures, and North Carolina’s state election board has removed officials that have refused to certify elections.

Further Reading