Judge: Election Certification in Georgia Is Mandatory

A Georgia Superior Court judge ruled on Tuesday that election boards in the state must certify election results regardless of any suspicion of miscounts or fraud, The Atlanta Journal Constitution reported.

Judge Robert McBurney has rejected claims brought by Julie Adams, a Fulton County Election Board member, who previously voted against certifying this past spring's presidential primary results. McBurney wrote that any concerns about fraud or systemic error should be communicated to the proper authorities but are "not a basis" for an official to deny an election.

"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. "Our Constitution and our Election Code do not allow for that to happen."

In March, Adams voted against certifying Georgia's presidential primary stating that she was "unable to fulfill her oath in office." In May, she filed suit against the board saying in a prepared statement, "It's time to fix the problems in our elections by ensuring compliance with the law, transparency in election conduct and accuracy in results," Adams said. "And in my duty as a board member, I want to make sure that happens."

McBurney left open the window for election results to be properly investigated but not at the expense of meeting the previously established timeframe. "There are no limits placed on this investigation (other than, of course, the immovable deadline for certification, discussed below)," the judge wrote. "Thus, within a mandatory ministerial task — thou shalt certify! — there are discretionary subtasks. The freedom allowed with the subtasks does not convert the overarching fixed obligation into a discretionary role."

The outlet noted that at least 19 Georgia county election board officials have opted not to certify election results since 2020. On Tuesday, McBurney will hear arguments in another lawsuit filed against the Georgia State Election Board by Cobb County's election board. That suit aims to dismiss a requirement to complete a hand-count vote certification on election night.

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