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In a win for Democracy, Georgia judge rules county election officials must certify election results

In a big win for the forces of Democracy, Fulton County Superior Judge Robert McBurney wrote in an 11-page ruling that the local officials have a “mandatory fixed obligation” to certify results, rejecting claims by Fulton County election board member Julie Adams. The ruling states that county election officials cannot exclude any group of votes from certification even if they suspect error or fraud.

https://x.com/marceelias/status/1846170851843920041?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1846170851843920041%7Ctwgr%5Eb6a701c40bf0934f751e0bb67e7b0eaaf15fd8c8%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.dailykos.com%2Fstories%2F2024%2F10%2F15%2F2276990%2F-Georgia-judge-rules-county-election-officials-must-certify-election-results
Julie Adams had asked the court, in a complaint filed on Sep 12, to rule that the duty to certify election results is discretionary for individual members of county boards of elections and that all members must have full access to all election-related materials. Adams filed her complaint on Sept. 12, 2024.

In the ruling, Judge Robert McBurney writes -

There is nothing in Chapter Two of Title 21 of the Official Code of Georgia (or elsewhere in the Code) nor in any case from any appellate court of this State that suggests, hints, indicates, or directs that the plain statutory language in subsection (k) means anything other than precisely what it says: the superintendent must certify and must do so by a time certain. There are no exceptions. While the superintendent must investigate concerns about miscounts and must report those concerns to a prosecutor if they persist after she investigates, the existence of those concerns, those doubts, and those worries is not cause to delay or decline certification. That is simply not an option for this particular ministerial function in the superintendent’s broader portfolio of functions.

The 11-page ruling ends thus —


Georgia law says county election superintendents, which are multimember boards in most counties, “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.

From thehill.com/…

The judge is set to hear arguments Tuesday in another lawsuit filed against the State Election Board, this time by Cobb County’s election board. It seeks to squash six other rules — one being a controversial requirement to complete a hand-count verification on election night.

A growing number of Republican county election officials have refused to certify election results since 2020; at least 19 Georgia county election board members have shirked the duty in that time frame, according to The Atlanta Journal-Constitution.

We know republicans will try every trick in the book and then some to deny the true outcome of the election, to cause chaos and make Congress decide the winner of the presidential elections. We are thankful to true patriots like Marc Elias and others who are fighting to keep the fascists from destroying our Democracy. Let’s all keep doing our part.
https://www.dailykos.com/stories/2024/10/15/2276990/-Georgia-judge-rules-county-election-officials-must-certify-election-results?pm_campaign=front_page&pm_source=trending&pm_medium=web