A Georgia appeals court recently upheld a lower court’s decision that county election officials must certify results within the legal deadlines. This ruling settles ongoing disputes about election certification responsibilities in the state.
In October, Fulton County Superior Court Judge Robert McBurney ruled that no election superintendent or board member can refuse or abstain from certifying election results under any circumstances. This decision responded to a lawsuit filed by Republican Fulton County election board member Julie Adams.
Last week, a three-judge panel of the Georgia Court of Appeals agreed with Judge McBurney’s decision. The panel said Adams’ argument that she did not have a mandatory duty to certify results was without merit. They reinforced that county election officials must certify results promptly, following the rules set by Georgia law.
Certification is an administrative duty that confirms the number of votes counted. However, it has become a highly charged political issue in recent years. During the 2020 general election, former President Donald Trump and his allies challenged results in several states. Some Republican election officials refused to certify results, stirring controversy and legal battles.
Last year, some Republican officials refused to certify primary results, leading to lawsuits. Democrats worried Trump-loyal officials might block certification if he lost to Kamala Harris. Trump, however, won the Georgia primary.
Georgia law requires county election superintendents, usually multi-member boards, to certify election results by 5 p.m. If Monday falls on a holiday, the deadline moves to Tuesday. Judge McBurney emphasized that officials can review election results for signs of fraud. They must report concerns to the proper authorities or pursue legal challenges but cannot use doubts as a reason to withhold certification.
The Court of Appeals supported this stance. The law limits this review to documents relevant to each precinct. If Judge McBurney’s ruling allows a broader review, the appeals court asked him to reconsider.
This ruling clarifies that county election officials must certify results on time and cannot delay or refuse certification based on personal concerns. It reinforces the legal framework designed to ensure election integrity and timely results reporting in Georgia.
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