A Fulton County election official’s petition was rejected by a Georgia prosecutor who had asked the court to confirm that she is not required to rubber-stamp poll results after Democrats had threatened to bring her on criminal charges.
Julie Adams, a member of the Fulton County Board of Registration and Elections (FCBRE), filed a lawsuit in May asking for clarification about her position after being legally threatened by the Democrat Party of Georgia for failing to confirm the results of the key for national preference in March. Adams claims that after being reportedly “denied” access to crucial vote processes and materials, she was entitled to refuse to confirm the results of the principal.
Judge Robert C. I. McBurney decided on Monday to dismiss the challenge and said Adams made a legal error in her filing, leaving the door open for Adams to file a new case.
” Plaintiff’s statements are not forfeited, they are simply dismissed — for now. This action is done, but there can be another. Plaintiff may refile, name the right party, and we will pick up where we left off, possible with all the similar lawyers and surely with the same substantial arguments”, McBurney ruled.
The merits of Plaintiff’s claim that the function of an vote superintendent, particularly when validating election results, is voluntary rather than ministerial can still be taken into account in addition to the relevant claims made in Abhiraman et al. v. State Board of Elections… This may seem like an unnecessary drilling, but it was also an entirely obvious one”, the judgement continued.
Before certifying the national choice primary earlier this year, Adams requested admittance to election-related materials, including the county’s eligible voter list and absent ballot records. Adams alleges she was denied admittance, and without that stuff, she did not vote to confirm the vote. However, ten days later, the Democrat Party of Georgia threatened that legal fees might be brought against committee members who do not submit the results in a letter to Adams and the rest of the table.
” Finally, if a member of the Board of Elections either ‘ willfully neglects’ or’ refuses to perform’ their legal obligations, they’ may become guilty of a offense,'” the text warned, citing O. C. G. A. § 21-2-596.
Adams complained to the court and requested confirmation that her role in validating elections is voluntary, meaning members may choose whether to confirm the results if they are convinced the election was conducted in accordance with the law, not as a ministerial, which means she and another members had rubber-stamp the results despite any doubts.
Adams claimed that the FCBRE and its director, Nadine Williams, who had allegedly withheld access to “essential election materials and processes by which elections in Fulton County are conducted,” prevented her from “performing her statutory duties as a BRE member.”
According to Adams, the Authorization Act grants the BRE members” the powers and duties of the election superintendent relating to the conduct of primaries and elections.”
The superintendent is required to “inspect systematically and thoroughly the conduct of primaries and elections,” according to state statute. Further, the lawsuit contends that the state law requires superintendents to” contrast the registration figure with the certificates returned by the poll officers.”
Adams also contends that the BRE is entrusted with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures under Fulton County Local Act 14-32, “[c ] onsistent with the Authorization Act.”
If Adams refiles her suit, and if so, how long will the situation be resolved before the election day?
However, a number of rules have recently been approved by the Georgia State Election Board ( SEB ) to make sure that election results are verified before being certified.
One rule ( Rule 183-1-12-. 02 ) clarifies that county election board members can fulfill their duty to “certify” an election” after reasonable inquiry that the election’s tabulation and canvassing are accurate and that the results are a true and accurate accounting of all votes cast in that election.”
Another rule ( Rule 183-1-12-. 12 ) permits board members to review” all the election-related documentation created during the course of elections prior to certification of results,” in part.
For more election news and updates, visit electionbriefing.com.
The Federalist’s election correspondent, Brianna Lyman. With a degree in international political economy, Brianna received her degree from Fordham University. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2
