Georgia’s appeals court has made a significant decision not to fast-track a legal challenge against a ruling related to the certification of election results.
According to AP News, the court's decision leaves in place an order that election officials must certify results by November 12.
Judge Robert McBurney of the Fulton County Superior Court earlier mandated that election officials must not refuse to certify election outcomes under any circumstances.
This directive came amid a lawsuit from Julie Adams, a member of the Fulton County election board, raising concerns over the mandatory certification process.
Julie Adams, who identifies as a Republican, challenged this blanket mandate emphasizing the need for board members like herself to retain some level of discretion in their role, especially in identifying and addressing election-related discrepancies. The judgment originated in Fulton County, a critical Democratic area that encompasses much of Atlanta and has been a focal point of political tensions, particularly following the 2020 elections.
Adams' appeal, filed this Wednesday, suggested a speedy resolution was imperative. Her lawyers argued, “If this appeal proceeds in the ordinary course, then this appeal will not be fully briefed (let alone decided) until long after Election Day,” indicating possible disruptions in the administrative processes if not expedited.
Despite these claims, the appeals court opted to proceed with a regular review schedule. This decision effectively ensures that Judge McBurney's order will hold through the election certification deadline looming on the horizon.
Judge McBurney, in his ruling, also stipulated that should board members like Adams detect fraud or abuse, the proper recourse would be to initiate an election contest in court, not to abstain from certifying the election results.
Here is a longer quote from Judge McBurney where he clarifies the limitations and responsibilities of election superintendents and board members:
"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," Judge Robert McBurney underscored in his order, highlighting a stringent approach to uphold electoral integrity despite the board members’ concerns.
The refusal of the appeals court to expedite the review of Adams' complaint casts a spotlight on the broader political and procedural debates surrounding election certifications. The ruling by Judge McBurney and its upholding by the higher court reflects a judicial effort to streamline election outcomes and reduce the potential for procedural disputes post-election.
Adams’ lawyer has chosen not to comment on the decision, possibly indicating ongoing strategic considerations among the legal team on how to address their grievances about board members' autonomy without violating judicial mandates.
As the election certification deadline approaches, all eyes will remain on Georgia, a key battleground state that continues to grapple with intense political scrutiny and legal challenges concerning its electoral processes.
In conclusion, the fallout from the 2020 elections continues to shape how states like Georgia handle election integrity and certification. The decision by the appeals court not to expedite the review maintains the judicial standard set by Judge McBurney, ensuring a uniform approach to certifying this year's election results statewide, despite ongoing debates over the role and powers of election boards.
