A Georgia judge has ruled that county election officials must certify election results by the deadline set in law and cannot exclude votes from certification even if they suspect error or fraud.
ATLANTA -- A Georgia judge has ruled county election officials must certify election results by the deadline set in law and cannot exclude votes from certification even if they suspect error or fraud.
Fulton County Superior Court Judge Robert McBurney ruled late Monday 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.”
Georgia law says county election superintendents — generally multimember boards — “shall” certify election results by 5 p.m. on the Monday after an election, or the Tuesday if Monday is a holiday as it is this year.
In court earlier this month, her lawyers also argued county election officials could certify results without including certain ballots if they suspect problems.
Judge McBurney wrote that nothing in Georgia law gives county election officials the authority to determine that fraud has occurred or what should be done about it.
The judge noted that many county election officials have raised concerns about implementing the rule so “late in the game.”. »
