Election officials in Georgia must certify election results and judge rules

A judge in Georgia has ruled that county election officials are required by law to certify election results within the specified deadline, regardless of concerns about possible errors or fraud.

The decision came from Fulton County Superior Court Judge Robert McBurney, who emphasized that no election official has the discretion to delay or deny certification under any circumstances.

The certification of election results has become politicized since then-President Donald Trump sought to overturn his loss to Democrat Joe Biden in the 2020 general election.

The judge’s decision comes as early voting begins in Georgia.

In his ruling, McBurney clarified that election boards can verify voting records and related documents, but a delay in receiving information does not justify denial of certification.

“No election official (or member of an election and registration committee) may under any circumstances refuse or refrain from certifying the election results,” he wrote.

He added that concerns about the electoral process must be referred to the relevant authorities, but these do not constitute grounds for blocking the certification.

Georgia law requires county election officials, typically multi-member boards, to certify election results by 5:00 p.m. on the Monday following an election or by Tuesday if the Monday falls on a holiday.

Julie Adams, a Republican member of the Fulton County Board of Elections, had asked the judge to explain that her duties as an election board member were discretionary and that she was entitled to “full access” to “election materials.”

Republicans in several swing states, including Adams, refused to certify the election results earlier this year, and some have sued to avoid being forced to sign the election results.

Adams’ lawsuit, backed by the Trump-aligned America First Policy Institute, argues that county election board members are free to reject the certification.

In court earlier this month, their lawyers also argued that county election officials could certify the results without including ballots that appeared to have problems.

McBurney said Georgia law does not authorize county election officials to determine whether there is fraud.

“Concerns about fraud or systemic errors must be noted and communicated to appropriate authorities,” McBurney wrote, “but they are not grounds for a superintendent to decline certification.”

Georgia was at the center of Trump’s false claims of voter fraud after the 2020 election.

The Republican asked Secretary of State Brad Raffensperger to “find” the 11,870 votes needed to beat his Democratic opponent Joe Biden.

As part of a wide-ranging criminal investigation, Trump and several of his allies have been indicted on allegations that they illegally tried to overturn Georgia’s 2020 election results.

The former president pleaded not guilty.

In August, the Georgia State Election Board was accused of voter suppression after it implemented new rules ahead of the 2024 presidential election.

The three Republican members of the Board of Elections voted in favor of the changes, while the two non-Republicans on the Board of Elections voted against them.

The new rules gave local officials more power to challenge election results by instituting a new ballot-counting policy.

They say that in the event of a disputed result in an electoral area, all votes must be counted manually to ensure they match the official number of votes cast.

earlier this month The guard reported emails obtained by Citizens for Responsibility and Ethics in Washington, a watchdog group, that showed discussions between a team of ardent Trump supporters calling themselves the Georgia Election Integrity Coalition.

Emails from officials and 2020 election deniers reportedly showed they sought to suggest that the upcoming presidential election in Georgia was plagued by fraud, even though no votes had been cast at the time.

In September, election officials in Georgia said they would increase security measures ahead of the November election, anticipating possible threats.

A poll worker recounted a disturbing experience during the state’s presidential primary in March when he described being approached by an agitated voter who appeared to be carrying a gun.

This article contains reporting from the Associated Press