A state judge in Georgia has ruled that county election officials cannot delay or decline to certify election results, emphasizing their mandatory obligation to certify the results. The ruling by Fulton County Superior Court Judge Robert McBurney comes as a blow to conservative efforts to expand their powers in the critical battleground state.
According to Judge McBurney's 11-page ruling, election superintendents in Georgia are required to certify election results without exception. He stated, '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.'
The case is one of two closely watched disputes over election certification in Georgia. Another case, brought by state and national Democrats, challenges new rules from the State Election Board that could grant local election officials broad authority to delay or decline certification.
While acknowledging the obligation of local superintendents to investigate concerns about miscounts, Judge McBurney clarified that such concerns do not justify delaying or declining certification. The case was initiated by a Republican member of the Fulton County Board of Registration and Elections, who sought to assert discretionary powers in certifying election results.
McBurney's ruling emphasized that allowing election superintendents to unilaterally refuse certification based on their own determinations of error or fraud would silence Georgia voters, a scenario not permitted by the state's Constitution and Election Code.
Although the state law sets a deadline for certifying election results shortly after the election, the ruling does not require blind certification without review or analysis. The decision comes as early voting commences in Georgia, setting the stage for a closely monitored electoral process in the state.
