With just weeks to go until the presidential election, a Georgia judge has ruled that certification of election results by county officials in the state is “mandatory” — a new ruling that is likely to be heralded by election experts amid rising fears that rogue election officials could seek to delay or decline to certify results after Election Day due to allegations of fraud or error.
“Election superintendents in Georgia have a mandatory fixed obligation to certify election results,” the order states.
Judge Robert McBurney, as part of an ongoing election case, found that the law is clear: “the superintendent must certify and must do so by a certain time.”
“There are no exceptions,” he wrote in the Monday night ruling.
The ruling comes after Georgia’s controversial State Election Board recently passed new rules that some voting rights activists are concerned would cause chaos in the certification process. One of those new rules allows election officials to conduct a “reasonable inquiry” prior to certification.
Specifically, McBurney’s ruling Monday noted that certification by the county superintendents must occur, even in the case where there are concerns about fraud or error.
Lee County poll workers Debbie Jack and Donna Mathis practice counting ballots as part of new election hand count rules by the Georgia State Election Board, in Leesburg, Ga., Oct. 2, 2024.
Becca Milfeld/AFP via Getty Images
“While the superintendent must investigate concerns about miscounts and must report those concerns to a prosecutor if they persist after she investigates, 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.”
Broadly, McBurney noted that the election officials must still certify the results, but report concerns to authorities:
“And if in the course of her canvassing, counting, and investigating, a superintendent should discover what appears to her to be fraud or systemic error, she still must count all votes — despite the perceived fraud — and report her concerns about fraud or error to the appropriate district attorney,” the judge wrote.
