A Fulton County judge ruled that “county election board members must vote to certify election results, regardless of any suspicions of fraud.” Superior Court Judge Robert McBurney ruled that Georgia law does not give board members discretion to investigate the possibility of fraud.
Lawyers for former President Donald Trump “suggested that board members could refuse certification if misconduct was suspected.” Judge McBurney’s ruling “clarified board members lack the authority to do so.”
A history of the litigation discloses that Fulton County Board member Julie Adams “argued she should have the power to decide against certifying results or partial ballots.” Adams’ legal position was rejected by Judge McBurney.
Judge McBurney stated in his opinion: “If election superintendents were ready to play investigator, prosecutor, jury, and judge, Georgia voters would be silenced. Our Constitution and our Election Code do not allow for that to happen.” Judge McBurney added: “nothing in Georgia law gives county election officials the authority to determine that fraud has occurred or what should be done about it.”
Judge McBurney clarified: “board members concerned about miscounts should report their concerns to prosecutors, but those concerns should not delay election certification.” Board members are “entitled to inspect the conduct of an election and to review related documents, but any delay in receiving such information is not a basis for refusing to certify the election results or abstaining from doing so.”
Georgia Secretary of State Brad Raffensperger opined on Judge McBurney’s ruling: “Our reaction is we have always believed everyone should follow the law and follow the constitution. That’s an American value, and I think it’s important that it was affirmed in the judicial system.”
As reported, both sides in the fight over certification “claimed McBurney’s ruling as a victory.” The Democrats claimed the ruling was a “major legal win.” Adams said in a statement that McBurney’s ruling has made it clear that she and other county election officials “cannot be barred from access to elections in their counties.”