A judge in Georgia has made it clear that county election officials must certify election results by the deadline, no matter what concerns might arise regarding errors or potential fraud.
Fulton County Superior Court Judge Robert McBurney stated that officials do not have the option to delay or refuse certification for any reason.
This ruling comes amidst heightened political tensions over election results, especially in light of former President Donald Trump’s attempts to challenge his defeat by Democrat Joe Biden in the 2020 election.
As early voting kicks off in Georgia, McBurney reinforced that while election boards can examine election procedures and documents, delays in acquiring information do not justify postponing certification.
“No election superintendent or board member may refuse to certify results under any circumstance,” he noted.
He emphasized that any concerns regarding the election process should be reported to the correct authorities, but they can’t be used as a reason to halt certification.
Under Georgia law, county election superintendents are required to certify results by 5 p.m. on the Monday following an election, or the next day if Monday is a holiday.
Julie Adams, a Republican on the Fulton County board, had sought a ruling to claim her role allowed for discretionary action, including broad access to election materials.
Some Republicans across several swing states, including Adams, have resisted certifying results and have even taken legal action to avoid signing off on them.
McBurney clarified that Georgia law does not allow election officials to investigate allegations of fraud.
“Concerns about fraud must be communicated to the appropriate authorities but are not valid grounds for certification refusal,” he stated.
Georgia has been under scrutiny since Trump’s unfounded claims of election fraud post-2020 election, leading to his alleged efforts to reverse the election outcome.
As a backdrop, the state’s election board faced accusations of voter suppression after it implemented new rules aimed at the upcoming presidential election.
These regulations, passed by the board’s Republican members, grant local officials more authority to challenge election outcomes through a new ballot-counting policy.
Recent reports also revealed communications among Trump supporters discussing unfounded fraud claims before votes were even cast in the upcoming election.
With November elections approaching, Georgia election officials plan to enhance security measures in response to potential threats, spurred by troubling incidents during previous voting events.
This article includes reporting from the Associated Press
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