Georgia — With only weeks remaining until the presidential election, a Georgia judge has ruled that county officials are legally required to certify election results, addressing concerns over potential delays or refusals tied to allegations of fraud or error.
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In a ruling issued Monday night, Judge Robert McBurney made it clear that election superintendents in Georgia have a “mandatory fixed obligation” to certify election results, regardless of any doubts or concerns. This decision is expected to be welcomed by election experts, given rising fears that rogue officials could attempt to disrupt the certification process.
“There are no exceptions,” Judge McBurney stated in the ruling, noting that the law unequivocally requires election superintendents to certify results by a specified deadline. The ruling comes amid growing controversy surrounding Georgia’s recent election rules.
New Rules Raise Concerns
The Georgia State Election Board recently passed new rules that have drawn criticism from voting rights activists, who warn they could complicate the certification process. One rule allows election officials to conduct a “reasonable inquiry” before certifying results, raising fears of potential delays.
However, McBurney’s ruling emphasized that such inquiries do not give election officials the authority to withhold certification. While superintendents are required to investigate concerns about miscounts or errors, they are still obligated to certify the results by the required deadline, the judge explained.
Certification Must Proceed Despite Concerns
In his ruling, McBurney underscored that even if superintendents discover what they believe to be fraud or systemic error, they must still count all votes and certify the election. Any concerns about fraud must be reported to the appropriate authorities, but this does not provide grounds to delay or refuse certification.
“While the superintendent must investigate concerns about miscounts and must report those concerns to a prosecutor if they persist… the existence of those concerns, those doubts, and those worries is not cause to delay or decline certification,” McBurney wrote. “That is simply not an option for this particular ministerial function in the superintendent’s broader portfolio of functions.”
In summary, the presidential election officials must certify the results while simultaneously reporting any concerns to the district attorney.
