A Georgia judge ruled that county election board members cannot prevent the certification of votes based on suspicions of fraud or error. This decision potentially resolves the debate over whether local election officials could exclude individual precincts from county vote totals if they suspected fraud or error. A recently adopted rule by the State Election Board seemed to permit such exclusions.
Judge Robert McBurney of Fulton County stated in the ruling that if county election board members were to act as investigator, prosecutor, jury, and judge, and refuse to certify election results due to their determinations of error or fraud, it would effectively silence Georgia voters. He emphasized that the Constitution and the state’s Election Code do not permit this.
The ruling arose from a lawsuit filed by Julie Adams, a Republican member of Fulton County’s election board and a member of a right-wing group questioning U.S. election integrity. Adams’ lawyer argued that a new election rule empowered county board members to refuse certification of votes they suspected of fraud or error, allowing them to exclude entire precincts’ votes.
ProPublica examined that if Adams’ interpretation of the rule had been upheld, it could have allowed election officials in rural counties to exclude enough votes to affect the presidential race’s outcome. Following the 2020 presidential election loss of former President Donald Trump, efforts were made by Republican legislators in Georgia to overhaul county election boards, sometimes replacing Democrats with Trump supporters. For instance, election boards in Spalding, Troup, and Ware counties are now led by election skeptics. If Adams’ argument had been accepted, these boards could have excluded the ballots from Democratic precincts that favored President Joe Biden.
The chair of Spalding County’s election board declined to comment to ProPublica, while the chair of Ware County’s board did not respond. William Stump, chair of Troup County’s board, expressed that the board’s focus is to ensure accurate and timely results.
Judge McBurney’s ruling clarified that excluding votes from Democratic precincts is not permissible. He stated that if a board member discovers potential fraud or error during the canvassing process, they must still include all votes. Concerns should be reported to the appropriate district attorney as outlined in Georgia law, rather than the board member acting as an investigator.
Judge McBurney emphasized that disputes over election results should be contested in court, which allows claims of fraud to be tested openly under judicial oversight, rather than being adjudicated silently by county board members outside public scrutiny.
The ruling is part of an ongoing legal debate about whether county election board members can delay or obstruct election result certification. Experts highlight that certification has traditionally been considered a nondiscretionary duty.
These legal proceedings have been largely driven by Adams, a regional coordinator for the Election Integrity Network. Adams, challenging legal precedent, voted against certifying the March presidential primary election, citing a need for more investigation. Although outvoted by the Democratic majority, she sued the board and the county’s election director to argue that her certification duties are discretionary.
Adams also pushed for rule changes in election certification in Georgia, influencing activists to propose a rule to the State Election Board, greatly expanding county board members’ power to certify votes regarded as suspicious. Although initially rejected as illegal, a version of the rule was later passed after changes to the State Election Board’s composition.
During bench trials at the start of October, Judge McBurney addressed Adams’ case and a related lawsuit between national political committees over mandatory certification of election results, issuing a ruling only on Adams’ case.
Adams requested greater access to election materials before certifying the vote, which Judge McBurney granted, but clarified that delayed access does not justify refusing certification. Richard Lawson, representing Adams, stated that the suit aimed to ensure access to necessary election materials and the ability to challenge irregularities in results.
According to Kristin Nabers of All Voting is Local, a voting rights advocacy group, the ruling represents a victory for Georgia voters against efforts by an election denier to make certification a discretionary decision.
Experts anticipate an appeal of the ruling, potentially bringing a final decision closer to the election. Neither Adams nor her attorney responded to questions about an appeal.
While Judge McBurney did not rule in a second case concerning another disputed rule, he noted that county board members must certify election returns by the state deadline.
Ongoing legal challenges continue regarding State Election Board rules. Judge McBurney recently blocked a rule requiring hand-counting of ballots, citing administrative chaos as a risk. The State Election Board is facing multiple lawsuits over recent rule changes.
In his ruling, Judge McBurney expressed dissatisfaction with attempts to modify election rules, criticizing efforts that contradict or disregard established laws.
