The appeals court in Georgia declined to expedite the review of an appeal of a judge’s order that county election officials must vote to certify results by the deadline set in law. Fulton County Superior Court Judge Robert McBurney ruled that no election official may refuse to certify election results. The lawsuit was filed by Julie Adams, a Republican member of the election board in Fulton County, a Democratic stronghold that includes most of Atlanta. Adams had sought a declaration stating that her duties as an election board member were discretionary.
Adams appealed McBurney’s order and asked the Georgia Court of Appeals to hear it on an expedited basis. However, the appeals court’s decision means that McBurney’s order will likely remain in effect through the deadline for county officials to certify results on November 12. Adams’ lawyers argued that if the appeal proceeds in the ordinary course, it would not be fully decided until after Election Day.
Adams has requested the appeals court to address McBurney’s assertion that she is required to vote in favor of certifying election results due to the deadline set in the law. McBurney also mentioned in his order that if Adams were to find fraud or abuse, she could file an election contest in the courts. Adams has asked the appeals court to rule on whether this is a sufficient and proper remedy for her if she discovers fraud, error, mistakes, or abuse before the certification deadline. The routine administrative task of vote certification has turned into a political battleground since former President Donald Trump’s efforts to overturn his election loss to Joe Biden in 2020.
Several swing-state Republicans, including Adams, have refused to certify results and some have filed lawsuits to avoid being forced to sign off on election results. This issue highlights the ongoing political disputes surrounding the certification of election results and the adherence to set deadlines. The case in Georgia underscores the tensions between election officials who may attempt to challenge or delay the certification process and the legal framework that dictates their obligations. As the November deadline for certification approaches, the legal battle over election certification in Georgia continues to unfold, with implications for the state’s electoral process and the broader national discourse on election integrity.
