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LetMyPeopleVote

(155,396 posts)
Tue Oct 15, 2024, 08:09 AM Oct 15

Fulton judge rules that election certification is mandatory in Georgia

Last edited Tue Oct 15, 2024, 10:52 AM - Edit history (1)

Source: Atlanta Journal Constitution

Certifying elections is a required duty of county election boards in Georgia, and they’re not allowed to refuse finalizing results based on suspicions of miscounts or fraud, a Fulton County judge ruled Tuesday.

Superior Court Judge Robert McBurney rejected claims brought by Fulton County election board member Julie Adams, who voted against certifying this spring’s presidential primary.

McBurney ruled that Georgia law requires certification, and county election boards don’t have any discretion not to do so.

“If election superintendents were, as plaintiff urges, free to play investigator, prosecutor, jury, and judge and so — because of a unilateral determination of error or fraud — refuse to certify election results, Georgia voters would be silenced,” McBurney wrote “Our Constitution and our election code do not allow for that to happen.”

Read more: https://www.ajc.com/politics/a-judge-ruled-that-county-election-board-members-in-georgia-must-certify-elections/635RIP3ILBC4ZH5AGMMSQXPYBQ/




28 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Fulton judge rules that election certification is mandatory in Georgia (Original Post) LetMyPeopleVote Oct 15 OP
Marc Elias-A big defeat for election deniers in Georgia. LetMyPeopleVote Oct 15 #1
Whew. Yet another win for Marc Elias and the good guys! ananda Oct 15 #2
Take that, MAGA PJMcK Oct 15 #3
Can the thugs appeal this to the Supreme Court? JohnSJ Oct 15 #4
Their state one... BumRushDaShow Oct 15 #6
Well we know what happened in 2000 about that. JohnSJ Oct 15 #7
In that case BumRushDaShow Oct 15 #9
With this SC nothing would surprise me. JohnSJ Oct 15 #11
Oh I know... BumRushDaShow Oct 15 #12
I agree. His faux shock. JohnSJ Oct 15 #18
Good! Let's hope that holds all the way up through to their top court BumRushDaShow Oct 15 #5
Here's how the "non-partisan" counting goes down in Georgia... 3825-87867 Oct 15 #8
Well, since your legal expertise says this doesn't matter AZSkiffyGeek Oct 15 #10
HUH? 3825-87867 Oct 15 #19
Death threats in 3,2,1 prodigitalson Oct 15 #13
Hell, Trump Already Said He Would Deploy The Military Against All The Radical Members Of The Democratic Party MayReasonRule Oct 15 #21
Recommend sheshe2 Oct 15 #14
Woohoo! n/t iluvtennis Oct 15 #15
"Georgia voters would be silenced" PedroXimenez Oct 15 #16
Oh, how great that Georgia will not allow idiot bumpkins to derail democracy Mysterian Oct 15 #17
A biggie. republianmushroom Oct 15 #20
Time Will Tell... If Alabama For The Last Three Elections Running Is Any Indication... MayReasonRule Oct 15 #22
and I bet those board members who tRump called out Quanto Magnus Oct 15 #23
Every state please Bayard Oct 15 #24
What's Not Discussed In This Piece... MayReasonRule Oct 15 #25
Wonderful news. nt Frank D. Lincoln Oct 15 #26
😀 townie Oct 15 #27
Judge: Georgia must certify election results, regardless of outcome LetMyPeopleVote Oct 16 #28

BumRushDaShow

(144,003 posts)
6. Their state one...
Tue Oct 15, 2024, 08:17 AM
Oct 15

The SCOTUS normally doesn't interfere in "states rights" elections issues when it has to do with their state laws and/or state Constitution.

BumRushDaShow

(144,003 posts)
9. In that case
Tue Oct 15, 2024, 08:32 AM
Oct 15

it had to do with counting.

In this case, it is related to the role of an election board that was created under state law and even the top election officials in the state like Raffesperger, have insisted that the board does not have the "authority" that they claim they have. Raffensperger would be the one to do the certification for the state.

BumRushDaShow

(144,003 posts)
5. Good! Let's hope that holds all the way up through to their top court
Tue Oct 15, 2024, 08:15 AM
Oct 15

because I am sure they will appeal (because "Disruption Я Them" ).

3825-87867

(1,146 posts)
8. Here's how the "non-partisan" counting goes down in Georgia...
Tue Oct 15, 2024, 08:31 AM
Oct 15

One for Harris,
One for Trump,
One for Harris.
Two for Trump.
One for Harris,
Three for Trump,
One for Harris,
11,781 for Trump.
Ok I'll certify now.
Trump wins 11, 787 for Trump!

However, falsifying election results is
One to 10 for each offense!*

Is it worth it folk?

*Except if you're a Republican! Then it's sweeping parks for 2 weeks.

AZSkiffyGeek

(12,657 posts)
10. Well, since your legal expertise says this doesn't matter
Tue Oct 15, 2024, 08:43 AM
Oct 15

I guess there's no point in voting. Trump appreciates your efforts!

3825-87867

(1,146 posts)
19. HUH?
Tue Oct 15, 2024, 10:33 AM
Oct 15

There are 3 pro trump election officials set to certify the count. The meaning was to make fun of the way the pro trumpers would count the votes to verify and certify trump. That info has been available to read if you wish elsewhere before conclusions are jumped to.
Not sure about your intended snark of your comment about trump appreciating efforts. But I guess you get to interpret whatever whether people know the whole story or simply jump to conclusions.
Been fun.


MayReasonRule

(1,922 posts)
21. Hell, Trump Already Said He Would Deploy The Military Against All The Radical Members Of The Democratic Party
Tue Oct 15, 2024, 10:54 AM
Oct 15

McBurney has ruled against him time and time again.

I would think that Trump would consider him a primary target.

Trump has threatened violence and death since before he ran for POTUS.

He has now escalated his threats of violence death to include anyone or any group he considers to be radicals.

His top targets would be all Democratic Party members in positions of power...

Such as Biden and Harris et al...

In my view he's already issued the threat against McBurney.
Let's see if he calls it out in real time...

Mysterian

(5,202 posts)
17. Oh, how great that Georgia will not allow idiot bumpkins to derail democracy
Tue Oct 15, 2024, 10:23 AM
Oct 15

If the bumpkins try their traitor shit again, lock their stupid asses in jail.

MayReasonRule

(1,922 posts)
22. Time Will Tell... If Alabama For The Last Three Elections Running Is Any Indication...
Tue Oct 15, 2024, 11:12 AM
Oct 15

SCOTUS will ruefully find that it's too late to do anything this close to the election, but order you to comply with the law in the NEXT election, and then lather, rinse, repeat...

MayReasonRule

(1,922 posts)
25. What's Not Discussed In This Piece...
Tue Oct 15, 2024, 11:55 AM
Oct 15

...is that the operative statutory language was "shall" so certifying results wasn't discretionary. It's a plain language, "read as written" judicial decision that conservatives wanted back in the day when they complained about "activist" judges.

This is pretty much cook book statutory interpretation. "Shall" = "must"

LetMyPeopleVote

(155,396 posts)
28. Judge: Georgia must certify election results, regardless of outcome
Wed Oct 16, 2024, 01:46 PM
Oct 16

If election board officials in Georgia are thinking about refusing to certify election results they don't like, a judge has now told them they can't.



https://www.msnbc.com/rachel-maddow-show/maddowblog/judge-georgia-must-certify-election-results-regardless-outcome-rcna175460

Arguably no state has taken more provocative pre-election steps than Georgia, where conspiratorial Republican officials on the Georgia State Election Board have recently created a series of unnecessary “reforms” that might very well create election-administration problems next month. That’s not, however, the only area of concern in the Peach State.

After the 2020 elections, several local Republican election board members refused to certify elections for a variety of assorted and dubious reasons, and there are plenty of concerns that there will be related tactics in this year’s cycle. It’s against this backdrop that a Georgia judge issued a ruling this week rejecting this as a possibility. The Atlanta Journal Constitution reported on Tuesday:

Certifying elections is a required duty of county election boards in Georgia, and they’re not allowed to refuse finalizing results based on suspicions of miscounts or fraud, a Fulton County judge ruled Tuesday. Superior Court Judge Robert McBurney rejected claims brought by Fulton County election board member Julie Adams, who voted against certifying this spring’s presidential primary. McBurney ruled that Georgia law requires certification, and county election boards don’t have any discretion not to do so.


......Indeed, my colleague Lisa Rubin published a report last month in which she characterized this case as one of the “most critical” trials of the 2024 election season. Lisa explained:

Imagine a world in which local election board members are empowered, through the guise of doing their own “research,” to delay or refuse the certification of county results. That could hold up the certification of the entire state’s results and even potentially its certificate appointing electors. And if that were to happen, Georgia’s missing electors would be subtracted from the total needed to win the electoral college. Put another way, the failure to certify thousands of votes could end up depriving the rightful winner of a presidency voted upon by nearly 200 million.


With this in mind, it’s a big deal that McBurney ruled that Georgia law requires certification, and the matter is not discretionary for members of local election boards.




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