An election official from the Georgia Republican Party has filed an appeal against a ruling that requires vote certification.

Even if they suspect fraud, Georgia election officials must certify results by the legal deadline, ruled a judge.

An election official from the Georgia Republican Party has filed an appeal against a ruling that requires vote certification.
An election official from the Georgia Republican Party has filed an appeal against a ruling that requires vote certification.

On Wednesday, a Georgia election official filed an appeal after a judge mandated that election officials certify election results by the legal deadline, regardless of any suspected fraud or errors.

Fulton County Superior Court Judge Robert McBurney ruled last week that election officials were required to certify the election by the legal deadline, prompting Republican member Julie Adams of the Fulton County election board to file a notice of appeal to the Georgia Court of Appeals.

Adams is challenging the specific parts of McBurney's ruling that mandate she verify election results by the deadline, even if she discovers fraud, abuse, or other obvious errors, as stated in the emergency motion. Additionally, Adams is contending that the remedy provided in the order is inappropriate and inadequate if she uncovers fraud and abuse.

Adams initially filed a lawsuit seeking a declaratory judgment, asserting that she was entitled to "complete access" to the "election materials" she had identified.

McBurney granted in part and denied in part the requested relief. He wrote in his order that "no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance."

A Georgia election official filed an appeal Wednesday after a judge ordered Fulton County election leaders must certify election results by the legal deadline even if they suspect fraud or mistakes.
A Georgia election official filed an appeal Wednesday after a judge ordered Fulton County election leaders must certify election results by the legal deadline even if they suspect fraud or mistakes.  (Getty Images)

Officials may investigate concerns related to election results, but any delay in receiving information should not be used as a reason to refuse certification or abstain from doing so.

The remedy Adams is appealing states that members are not left without "recourse or the means to voice substantive concerns about an election outcome," saying that such contests "arise after the ministerial act of certification."

The certification of election results in Georgia is required by individual counties by 5 p.m. on either Monday or Tuesday following the race.

On the day Georgia citizens began early in-person voting for the upcoming election, which lasted until November 1st, the initial ruling was issued.

georgia voter
A voter holds up her sticker after casting her ballot for the primary election March 12, 2024, in Atlanta. (Megan Varner/ Washington Post)

In May, Adams voted against certifying the presidential primary results. Following this, she sued the Fulton County elections board, stating that she could not fulfill her duties as superintendent due to a denied request for additional election-related documents before the certification deadline.

Trump and Harris campaigning
Georgia is a swing state in this year's election. President Biden won the state in 2020 by less than 1%. (AP/Alex Brandon/Mike Stewart)

In the 2020 election, Georgia was a swing state that was won by President Biden with a margin of less than 1%. Currently, there are ongoing lawsuits in Georgia challenging a recently passed law by the state board of elections, which mandates that county officials manually count ballots after they have been initially counted by machines on election night.

This report was contributed to by Elizabeth Elkind of Planet Chronicle Digital and The Associated Press.

by Haley Chi-Sing

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