A judge in Georgia has ruled that elections officials must certify results by the date required in state law and have no discretion to delay certification due to concerns of fraud or other issues that may arise during the counting of votes. This ruling came in response to a case filed by a Republican member of the Fulton County election board, who argued that certification could be delayed in order to investigate potential fraud. The judge, Robert McBurney, stated that election superintendents have a mandatory obligation to certify election results by a specific date.
McBurney clarified that election officials have an obligation to investigate concerns about miscounts, but they do not have the authority to investigate or determine fraud. Any fraud concerns should be forwarded to law enforcement agencies such as the Georgia Bureau of Investigation, the Secretary of State, District Attorneys, or the Attorney General. McBurney emphasized that superintendents are not equipped or authorized to verify election fraud and seek consequences for it. The ruling can be appealed, and the case was supported by the Trump-aligned America First Policy Institute.
A spokesman for Vice President Kamala Harris’ campaign welcomed the ruling, emphasizing the importance of protecting elections from attempts by far-right Republicans to disrupt them. The statement expressed readiness to ensure that every voter can cast their ballot with confidence that it will count. McBurney, the judge who made the ruling, is also presiding over other challenges in Georgia as Election Day approaches. This includes hearing arguments in a case challenging new rules passed by the State Election Board that could potentially delay the certification of the election, including a requirement for hand counting of ballots.
Overall, the ruling by Judge McBurney established that elections officials in Georgia must adhere to the state law requiring them to certify results by a specific date, and they do not have the authority to delay certification based on concerns of fraud. Any fraud issues should be directed to law enforcement agencies, as election superintendents are not authorized to investigate or determine fraud. The case was supported by a member of the Fulton County election board and the America First Policy Institute. The ruling can be appealed, and the judge is also presiding over other election-related challenges in the state.
