With the presidential election just weeks away, a Georgia judge has ruled that certification of election results by state county officials is “mandatory” — a new ruling that will likely be welcomed by election experts amid growing fears of rogue elections. officials could seek to delay or refuse to certify results after Election Day because of allegations of fraud or error.
“Election superintendents in Georgia have a fixed and mandatory duty to certify election results,” the order states.
Judge Robert McBurney, in an ongoing election case, found that the law is clear: “the superintendent must certify and must do so within a certain period of time.”
“There are no exceptions,” he wrote in Monday evening’s ruling.
The move comes after Georgia’s controversial State Board of Elections recently adopted new rules that some voting rights advocates say could cause chaos in the certification process. One of these new rules allows election officials to conduct a “reasonable investigation” before certification.
Specifically, McBurney’s ruling on Monday noted that certification by county superintendents must occur even in cases where there are concerns about fraud or error.
Lee County Election Officials Debbie Jack and Donna Mathis practice counting ballots under the Georgia State Board of Elections’ new election hand counting rules, in Leesburg, Georgia , October 2, 2024.
Becca Milfeld/AFP via Getty Images
“Although the Superintendent must investigate concerns about counting errors and must report such concerns to the prosecutor if they persist after his investigation, the existence of such concerns, doubts and worries does not constitute a reason to delay or refuse certification,” McBurney wrote. “It’s simply not an option for this particular ministerial function within the superintendent’s broader portfolio of functions.”
Generally speaking, McBurney noted that election officials should still certify the results, but report concerns to authorities:
“And if during her canvassing, counting and investigation processes, a superintendent discovers what appears to her to be fraud or a systemic error, she must still count all the votes – despite the perceived fraud – and report of his concerns regarding fraud or error to the appropriate prosecutor,” the judge wrote.
