A Fulton County Superior Court Judge has issued a ruling that mandates election officials in Georgia must certify vote counts, even if they suspect fraud or errors during the process. The decision, handed down on Tuesday by Judge Robert McBurney, emphasizes that any disputes regarding potential fraud or mistakes should be resolved in court, rather than by election superintendents.
The ruling came as a blow to some who had hoped that local officials could take more proactive steps if they encountered questionable activities during vote tabulation. McBurney’s order states that allowing election superintendents to independently investigate and decide on claims of fraud would effectively “silence” Georgia voters by creating an extra-legal method of altering election outcomes.
“If election superintendents were, as Plaintiff urges, free to play investigator, prosecutor, jury, and judge and so — because of a unilateral determination of error or fraud — refuse to certify election results, Georgia voters would be silenced. Our Constitution and our Election Code do not allow for that to happen,” Judge McBurney declared in his ruling, as reported by NBC News.
This ruling comes amid growing concerns from some Georgia residents over the integrity of the voting process, especially in a pivotal election year. However, the decision also underscores the role that the courts are expected to play in adjudicating any claims of fraud or voting irregularities. Judge McBurney emphasized that the established legal system, not individual election officials, is the appropriate venue for resolving such disputes.
Fulton County, where the ruling applies, has been a focus of attention in recent elections, drawing both national media coverage and scrutiny from various political factions. The county’s District Attorney, Fani Willis, has made headlines for her aggressive approach in indicting individuals, including lawyers, who challenge election results based on fraud allegations. Critics argue this creates a chilling effect on those who seek to raise concerns about potential election misconduct.
Gabe Sterling, a top official in the Georgia Secretary of State’s office, welcomed the judge’s ruling, expressing confidence that it upholds the integrity of the election process. Sterling, who played a visible role in defending Georgia’s election procedures after the contentious 2020 election, noted that this decision reinforces the state’s commitment to following the legal process for addressing election challenges.
While the ruling may not satisfy everyone, particularly those who hoped for stronger immediate actions against suspected fraud, it reflects the ongoing debate over how to best balance election integrity with protecting voters’ rights. With the ruling in place, election officials in Georgia are now legally obligated to certify vote counts unless a court rules otherwise. This ensures that any challenges to the results will be settled through established judicial channels, rather than by individual determinations at the local level.
As the election nears, the decision will likely continue to shape discussions around how to handle potential issues with vote counting, ensuring that courts, not election officials, remain the final arbiters in disputes.
Great news! The judge ruled that county election board members in Georgia MUST certify elections. Another step in keeping to guardrails in place to safeguard our elections. https://t.co/5vp8Bq0iKm
— Gabriel Sterling (@GabrielSterling) October 15, 2024
When challenged about the judge ordering the certification of elections even if there is fraud or abuse, Gabe Sterling said it’s the law.
Because only after a certification can an election challenge be filed to properly contest an election outcome. That is how Georgia law is written.
— Gabriel Sterling (@GabrielSterling) October 15, 2024
Excerpt from NBC News:
County election boards in Georgia are not allowed to refuse to certify election results, a state judge ruled on Tuesday.
Concerns of fraud or abuse are to be settled in court, the judge said, not by county officials acting unilaterally.
McBurney said the law was clear when it says that county officials “shall” certify the results. In the footnotes, he said the word was quite clear.
“To users of common parlance, ‘shall’ connotes instruction or command: You shall not pass!” he wrote, quoting Lord of the Rings’ Gandalf’s famous battle cry. “And, generally, even lawyers, legislators, and judges, construe “shall” as “a word of command.”
BREAKING: Fulton County (GA) judge rules that county election officials must certify vote counts — even if they suspect fraud or errors
— Paul Sperry (@paulsperry_) October 15, 2024
The Democrats/Communists voter fraud must continue!These judges are no Americans,communist puppets