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Jimmy Williams
In a critical ruling that underscores the importance of adhering to election laws, Fulton County Superior Court Judge Robert McBurney has ordered county election officials in Georgia to certify election results by the legally mandated deadline, even if they suspect error or fraud. The decision, which was delivered as early voting began in the state, reiterates that election boards have no discretion to delay or abstain from certifying results, regardless of their concerns.
“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,” McBurney stated in his ruling. While election officials can inspect the conduct of elections and review related documents, he clarified, “any delay in receiving such information is not a basis for refusing to certify the election results or abstaining from doing so.”
The ruling comes in response to a lawsuit filed by Julie Adams, a Republican member of the Fulton County election board, who argued that county election board members should have the discretion to reject certification if they detect irregularities. Adams, whose case was supported by the Trump-aligned America First Policy Institute, requested a declaration from the court allowing her to delay certification if necessary.
Georgia law mandates that county election superintendents must certify results by 5 p.m. on the Monday after an election, or the following Tuesday if Monday is a holiday. The certification process has become increasingly contentious since former President Donald Trump’s attempts to overturn the 2020 election results, and some Republicans have since refused to certify outcomes, alleging unproven fraud.
Adams and her legal team contended that election officials could certify results while excluding problematic ballots, in an attempt to address concerns from board members who might otherwise be reluctant to certify. However, Judge McBurney dismissed this argument, emphasizing that the authority to declare fraud or error does not rest with county officials.
“Concerns about fraud or systemic error are to be noted and shared with the appropriate authorities,” McBurney wrote, “but they are not a basis for a superintendent to decline to certify.”
The decision further reinforces that certification is an administrative duty, not a political one. McBurney’s ruling leaves little room for interpretation, stating that certification must occur by the legal deadline, regardless of ongoing investigations or concerns raised by officials.
The ruling is expected to have significant implications for upcoming elections in Georgia, where early voting began Tuesday. With election certification now a focal point of political controversy, McBurney’s decision seeks to ensure that the process remains transparent, timely, and free from undue interference.
As election officials prepare for what could be another closely contested race, the court’s directive leaves no ambiguity: Georgia’s election results must be certified by the established deadline, and any concerns regarding fraud must be handled through proper legal channels, not by delaying certification.
