ATLANTA — A Georgia judge has mandated that county election officials must certify election results by the legally established deadline and cannot exclude any group of votes, even if there are suspicions of error or fraud.
Fulton County Superior Court Judge Robert McBurney stated that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” He emphasized that while election officials have the right to inspect election conduct and related documents, delays in obtaining this information cannot justify failing to certify the results.
According to Georgia law, county election superintendents, typically comprising multimember boards, are required to certify election results by 5 p.m. on the Monday following the election—or the Tuesday if Monday is a holiday, as is the case this year.
This ruling comes as early voting commenced in Georgia.
A Republican board member had requested the judge affirm that her role on the board was discretionary and that she deserved “full access” to “election materials.”
Certification of election results, previously an administrative duty often overlooked, has gained significant political attention following attempts in 2020 by then-President Donald Trump to contest the election results against Democrat Joe Biden. This year, some Republicans in swing states, including board members, have resisted certifying election results and even pursued legal action to avoid being compelled to sign off on them.
The suit argued by the board member contends that election board members possess the discretion to reject certification. Furthermore, her attorneys argued that county election officials could certify results while omitting ballots that appear problematic, thereby addressing concerns from board members hesitant to certify.
Judge McBurney clarified that Georgia law does not grant county election officials the authority to determine if fraud has occurred or decide on corrective actions. He remarked that while concerns regarding fraud or systemic errors should be reported to the relevant authorities, they do not provide just cause for a superintendent to refrain from certifying the results.
