Georgia counties are mandated to certify elections, judge rules

Election certification is a mandatory duty, not discretionary, for county election officials in Georgia, a judge ruled on Tuesday, rejecting assertions made by a Republican elections official that elections board members could refuse to certify an election based on their suspicions of fraud or error.

Julie Adams, a Republican member of the Fulton county board of registration and elections, brought the suit earlier this year after abstaining from a vote to certify the May primary election. The America First Policy Institute, a legal thinktank that was formed by former Donald Trump advisers in the wake of Trump’s 2020 election loss to help lay legal groundwork for his potential return to office, joined the suit.

Adams refused certification after claiming she had been denied access to a long list of elections documents. But Robert McBurney, Fulton county superior court judge, ruled that Adams was entitled to review documents quickly, but failing to provide those documents was not grounds for denying the certification of an election.

“If election superintendents were, as plaintiff urges, free to play investigator, prosecutor, jury, and judge and so – because of a unilateral determination of error or fraud – refuse to certify election results, Georgia voters would be silenced,” wrote McBurney in his ruling. “Our Constitution and our election code do not allow for that to happen.”

The law uses the world “shall”, meaning certification is an order, McBurney wrote.

“To users of common parlance, ‘shall’ connotes instruction or command: You shall not pass!” he wrote.

Adams is the regional coordinator for south-eastern states in the Election Integrity Network (EIN), a national group that has recruited election deniers to target local election offices. EIN was founded by Cleta Mitchell, a Trump ally who aided his efforts to overturn the election in Georgia and elsewhere.

Adams’s suit aimed to overturn longstanding Georgia precedent that the act of election certification is “ministerial”, an administrative activity marking the end of an election. Elections disputes in Georgia have historically been managed through investigation by local district attorneys, the attorney general’s office and ultimately in court.

A bloc of Trump-aligned Republicans on Georgia’s state elections board have rejected that interpretation of the law and implemented changes to election policies allowing for an undefined “reasonable inquiry” by local elections officers before certification. Those changes are under challenge by Democratic leaders in separate court cases.