Election officials in Georgia’s largest county must certify results, judge rules

A Georgia judge has ruled that county election officials must certify election results by the legally mandated deadline and cannot exclude any group of votes from certification, even if they suspect errors or fraud.

Fulton County Superior Court Judge Robert McBurney 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.”

While election officials have the right to inspect the election process and review related documents, Judge McBurney emphasized that any delays in receiving such information do not justify refusing to certify the results.

Fulton County, which includes Atlanta, is the most populous county in Georgia. State law requires county election superintendents—typically multi-member boards—to certify election results by 5 p.m. on the Monday following an election, or the following Tuesday if Monday is a holiday, as it is this year.

This ruling comes as early voting began in Georgia.

Julie Adams, a Republican member of the Fulton County election board, had sought a declaration from the judge that her duties were discretionary and that she should have “full access” to election materials.

Certification of election results, previously a routine administrative task, has gained political attention since former President Donald Trump attempted to overturn his 2020 election loss to Joe Biden. In several swing states, including Georgia, some Republicans, including Adams, have refused to certify results, and some have filed lawsuits to avoid certifying elections.

Adams’ lawsuit, supported by the Trump-aligned America First Policy Institute, argued that county election board members had the discretion to reject certification. In court, her attorneys contended that election officials could certify results without including ballots that seem problematic, easing concerns from board members about voting not to certify.

Judge McBurney noted that Georgia law does not grant county election officials the authority to determine if fraud has occurred or how to handle it. Instead, he clarified that concerns about fraud or systemic errors should be reported to the appropriate authorities but do not allow election superintendents to decline certification.