Republicans have appealed a ruling by a Georgia judge that said local officials are subject to a “mandatory fixed obligation” to certify election results in the critical battleground state.
In a major decision last week, Fulton County Superior Court Judge Robert McBurney stated that officials cannot “refuse to certify or abstain from certifying election results under any circumstance,” dealing a blow to an effort by conservatives to gain the legal right to reject results based on a suspicion of fraud or abuse.
Attorneys for a GOP member of the Fulton County Board of Elections and Registration, who is central to the case, filed a notice of appeal asking the state Court of Appeals to consider whether she is required to vote in favor of certifying the election results by the deadline set under Georgia law.
The lawyers also expressed disagreement with part of the ruling that suggested concerns over potential election issues could be raised through post-certification court challenges known as “election contests.” They argued that this remedy would be insufficient if fraud and abuse were found.
The issue of certification in Georgia has become crucial for Democrats and others who fear that if Vice President Kamala Harris wins the state’s 16 electoral votes, allies of former President Donald Trump may attempt to avoid certifying the results, potentially causing post-election chaos in the state.
County election officials are facing a statutory deadline to certify the election results by November 12 this year.
