Fulton County Judge Orders GA Election Superintendents To Certify Results

Judge Robert McBurney of Fulton County Superior Court recently ruled that county election boards are legally required to certify elections, rejecting a request from a county election co-superintendent to delay or refuse certification due to concerns about potential fraud or discrepancies.

The lawsuit that led to McBurney’s decision was initiated by Julie Adams, a member of the Fulton County election board, who had voted against certifying the most recent primary election in the county.

In his order, McBurney addressed the current situation in Georgia, noting that the state’s election laws are designed to ensure fair and efficient elections. However, he expressed concern that some election officials are undermining this process by attempting to impose their own interpretations or rules that contradict the law.

“The certainty of the electoral process that these laws have long brought to Georgia’s voters has begun to unravel as key participants in the State’s election management system have increasingly sought to impose their own rules and approaches that are either inconsistent with or flatly contrary to the letter of these laws,” McBurney stated in his order.

McBurney’s ruling emphasized that Adams and her fellow board members are legally obligated to certify election results, highlighting that Georgia’s constitution does not grant them the authority to refuse certification. He described election board members as “accountants” for elections and noted that while they have broad discretion in many areas, certifying results is not one of them.

“There are responsibilities that are not up for debate or open to interpretation, such as certifying the results of an election,” McBurney stated.

After polls close on election day, the superintendent “shall…publicly commence the computation and canvassing of the returns,” McBurney reiterated in the order.

Additionally, McBurney stressed that election officials must reconcile the number of votes with the number of registered voters and electors in each precinct. If discrepancies arise, such as more votes than voters, the superintendent is required to investigate the issue rather than ignore it.

As part of this process, absentee ballots must also be properly counted and included in the overall precinct results. While superintendents have some discretion in how they count absentee ballots, they cannot disregard them.

McBurney further stated that election certifications must be completed within a specific timeframe. Georgia law mandates that certifications be finalized by 5 p.m. on the Monday following an election, meaning the deadline for the upcoming Nov. 5 presidential election is Nov. 11 at 5 p.m. “There are no exceptions,” McBurney emphasized, stressing the legal obligation to certify results on time.

In his ruling, McBurney underscored that election superintendents in Georgia have a clear, fixed obligation to certify election results, noting that while other parts of their role may involve discretion, certification is not optional.

To summarize, McBurney declared:

• The role of an election superintendent in certifying results under O.C.G.A. § 21-2-493 is ministerial, even though other aspects of the position may be discretionary.
• Certification of election results is mandatory under O.C.G.A. § 21-2-493, regardless of how the superintendent's role is characterized.
• No election superintendent or election board member has the legal right to refuse or abstain from certifying election results.

If an election superintendent or board member identifies any issues while reviewing the conduct of an election, the necessary information must be promptly provided unless it is protected by law. However, any delay in receiving such information does not justify refusing to certify the results.