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From Politico: A Georgia judge has rejected a bid by Trump allies to give local election board officials the right to refuse to certify results when they suspect fraud or other irregularities.
Fulton County Superior Court Judge James McBurney ruled that state law requires those boards to certify the vote totals presented to them, with any disputes brought to court following that certification.
“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 in an 11-page decision issued Monday evening. “Our Constitution and our Election Code do not allow for that to happen.”
The judge ruled on a suit brought by Fulton County Board of Elections member Julie Adams with the assistance of America First Policy Institute, a conservative organization with close ties to Trump.
“No election superintendent may refuse to certify or abstain from certifying election results under any circumstance,” Judge McBurney wrote in his ruling.
McBurney notes that failure to certify can result in removal from office or prosecution, this clarification through declaratory relief was necessary. pic.twitter.com/FJBJJprU7S
— Anthony Michael Kreis (@AnthonyMKreis) October 15, 2024
More coverage here with the full opinion from the AJC. https://t.co/JXFM8aDySt
— Anthony Michael Kreis (@AnthonyMKreis) October 15, 2024
RULING: “No election superintendent may refuse to certify or abstain from certifying election results under any circumstance,” Judge McBurney writes.
This suit was brought by Fulton BOE member Julie Adams, who has abstained from certifying results. https://t.co/cBdTTg0OK4 pic.twitter.com/mInpM8eGrC
— Sam Gringlas (@gringsam) October 15, 2024
Election board officials can’t refuse to certify results over suspected voter fraud, Georgia judge rules https://t.co/OmHmJUsc7v
— POLITICO (@politico) October 15, 2024
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