ATLANTA — A ruling from a judge in Georgia has established that county election officials are mandated to finalize and certify election outcomes within the legally designated timeframe, regardless of any suspicions of error or fraud.
Fulton County Superior Court Judge Robert McBurney declared 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.” He emphasized that while election officials possess the right to examine the election process and review related documentation, any delays in acquiring such information should not impede the certification of election results.
According to Georgia law, election superintendents, typically part of boards with multiple members in most counties, are required to certify election outcomes by 5 p.m. on the Monday following an election—or the Tuesday if Monday happens to be a holiday, as is the case this year.
Julie Adams, a Republican member of the Fulton County election board, had sought the judge’s declaration to clarify that her responsibilities as an election board member should be considered optional, and that she should have “full access” to “election materials.”
The task of certifying election results, previously a mundane administrative duty, gained significant political weight after then-President Donald Trump attempted to contest his defeat to Democrat Joe Biden in the 2020 general election. Repercussions of this event have led to Republicans in various battleground states, including Adams, delaying attempts to certify election results earlier in the year, with some even initiating lawsuits to resist being compelled to authorize election results.
Adams’ lawsuit, which is supported by the Trump-aligned America First Policy Institute, contends that members of county election boards have the discretion to reject certification paths. During recent court proceedings, her legal team posited that election officials could approve results while excluding ballots that exhibit potential issues, catering to those board members who might otherwise decline to certify results.
Judge McBurney clarified that Georgia law does not grant county election officials the power to assert that fraudulent activities have occurred or to determine subsequent actions. He stressed that while officials may express concerns regarding fraud or operational errors, these issues should be communicated to the relevant authorities, but they do not justify a superintendent’s decision to withhold certification of election results.