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sheshe2

(88,900 posts)
Tue Sep 10, 2024, 02:51 PM Sep 2024

NEW: State court DISMISSES Republican member of Fulton County Board of Elections

Marc E. Elias
@marceelias
🚨NEW: State court DISMISSES Republican member of Fulton County Board of Elections lawsuit challenging her duty to certify election results.

A win for Georgia voters and a big loss for election deniers looking to upend accurate election certification.

Georgia Fulton County Certification Challenge

Lawsuit filed by Fulton County Board of Elections and Registration member, Julie Adams (R), against the board’s director, Nadine Williams, challenging Adams’ duty to certify election results. Adams refused to certify the results of the county’s primary elections on May 21, 2024. Adams argues that the board of elections has violated state law because as an election official, she must have access to all information about the voting process in order to verify the results. Adams also argues that as a member of the board of elections, she is not duty bound to certify election results and has the discretion to withhold her certification until her demands are met. Adams asks the court to make the board of elections provide her the data and affirm that she can refuse to certify election results.

Adams filed her complaint on May 22, 2024. The Democratic National Committee and the Fulton County Republican Party filed motions to intervene on May 28 and June 4, respectively.

On June 11, 2024, the judge assigned to this case recused himself.

RESULT: On Sept. 9, 2024, a judge dismissed this case without prejudice.Georgia election officials will continue to have a mandatory duty to certify election results.

https://www.democracydocket.com/cases/georgia-fulton-county-certification-challenge/

Thank you Georgia!
17 replies = new reply since forum marked as read
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NEW: State court DISMISSES Republican member of Fulton County Board of Elections (Original Post) sheshe2 Sep 2024 OP
The judges are holding. GA republicans get slapped down. Halleluia. lindysalsagal Sep 2024 #1
Actually, it looks like the GA GOP joined the Dems in suing. Fiendish Thingy Sep 2024 #5
This message was self-deleted by its author Fullduplexxx Sep 2024 #2
I had some right wing loon tell me the Sheriff has all these extralegal powers once Trenzalore Sep 2024 #3
They have an organization zipplewrath Sep 2024 #12
Yep Trenzalore Sep 2024 #13
Did they dismiss the member or the case? Renew Deal Sep 2024 #4
They dismissed the case brought by Adams Abnredleg Sep 2024 #6
Wow... this IS HUGE! poor election denier Cha Sep 2024 #7
It's great news, Cha! sheshe2 Sep 2024 #9
... Cha Sep 2024 #11
K&R malaise Sep 2024 #8
TY sheshe2 Sep 2024 #16
Thank you, Attorney Elias & She for sharing! SheltieLover Sep 2024 #10
They'll probably not certify, regardless. rubbersole Sep 2024 #14
Refuse to do your job, get fired Warpy Sep 2024 #15
It doesn't look like it is necessarily the end of the story ToxMarz Sep 2024 #17

Fiendish Thingy

(19,023 posts)
5. Actually, it looks like the GA GOP joined the Dems in suing.
Tue Sep 10, 2024, 03:03 PM
Sep 2024

My guess is They don’t want results for down ballot races held hostage.

Response to sheshe2 (Original post)

Trenzalore

(2,575 posts)
3. I had some right wing loon tell me the Sheriff has all these extralegal powers once
Tue Sep 10, 2024, 02:56 PM
Sep 2024

Some rabbit hole of reasons. That wasn't true either lol

Abnredleg

(1,024 posts)
6. They dismissed the case brought by Adams
Tue Sep 10, 2024, 03:03 PM
Sep 2024

Asking the courts to uphold her right to apply discretion to certification. Her case was dismissed, which means that the existing law which states certification was mandatory will be in effect for the election.

rubbersole

(8,902 posts)
14. They'll probably not certify, regardless.
Tue Sep 10, 2024, 04:22 PM
Sep 2024

Just to help with the expected chaos. It's that or lose. Billionaires/oligarchs aren't used to losing. They are prepared to do everything to stay in power. "Going to be wild" to quote the most treasonous man in US history.

Warpy

(113,131 posts)
15. Refuse to do your job, get fired
Tue Sep 10, 2024, 04:34 PM
Sep 2024

There should be more of this.

Civil disobedience has consequences. It should be as true for them as it has been for us.

ToxMarz

(2,256 posts)
17. It doesn't look like it is necessarily the end of the story
Tue Sep 10, 2024, 04:50 PM
Sep 2024

It should be and sounds like the ruling stated it should be, but it was dismissed "without prejudice" meaning it isn't over if she wants to still pursue it.

https://www.democracydocket.com/wp-content/uploads/2024/06/2024-09-09-Order-granting-motion-to-dismiss.pdf

Last paragraph of Order granting motion to Dismiss:

"Second, Plaintiff’s claims are not forfeited; they are merely dismissed -- for now.
This action is done, but there can be another. Plaintiff can refile, name the correct party,
and we will pick up where we left off, likely with all the same lawyers and certainly with the
same substantive arguments. If Plaintiff moves with alacrity, the merits of her claim that
the role of an election superintendent -- in particular when certifying the results of an
election -- is discretionary rather than ministerial can still be considered alongside the
related claims set forth in Abhiraman et al. v. State Board of Elections, 24CV010786.3
This may seem like an unnecessary drill, but it was also an entirely unavoidable one."

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