ATLANTA — On Friday, a Georgia appeals court decided not to hasten its review of an appeal concerning a ruling made by a local judge, which requires county election officials to certify voting results by the legal deadline.
Fulton County Superior Court Judge Robert McBurney previously stated 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.” This decision stemmed from a lawsuit initiated by Julie Adams, a Republican member of the Fulton County election board, which serves a region predominantly aligned with the Democratic Party and includes much of Atlanta.
Adams contested the ruling, arguing that her role on the election board was discretionary. On Wednesday, she appealed the order and urged the Georgia Court of Appeals to process the case quickly. Her legal team emphasized in their motion that if the appeal were to follow the usual timeline, it would likely not be appropriately considered until well after Election Day.
However, the ruling from the appeals court suggests that McBurney’s order is likely to be enforced until the county officials are obligated to certify the election results by November 12.
In her appeal, Adams has requested the court to evaluate the judge’s claim that she is mandated to vote in favor of certifying the results due to the statutory deadline.
In McBurney’s order, he also mentioned that Adams could pursue an election contest in court if she discovers any evidence of fraud or misconduct. She has further sought the appeals court’s determination on whether this legal option would be an adequate and appropriate remedy in cases where she detects “fraud, error, mistakes, or abuse” prior to the certification deadline.
The once standard procedure of certifying votes has evolved into a contentious political battlefield, particularly following former President Donald Trump’s attempts to dispute the results of his loss to Joe Biden in the 2020 election.
Earlier this year, multiple Republicans from critical swing states, including Adams, opted not to certify election results and have filed lawsuits in efforts to avoid being compelled to approve the results.