Judge McBurney Rules Georgia Officials Must Certify Results Even If Fraud Suspected; Blocks 'Too Late' Hand-Count Rule

Oct 15, 2024, 08:12 PM

Georgia Superior Court Judge Robert McBurney ruled that county election officials must certify election results by the legal deadline and cannot delay or refuse certification, even if they suspect fraud or errors. In his decision, Judge McBurney stated that certification is a mandatory duty under Georgia law and declared, "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." He emphasized that the duty to certify is "ministerial" and that concerns of fraud or errors should be addressed through legal challenges after certification, not by withholding certification of the results. In a separate ruling, Judge McBurney temporarily blocked a new rule from the Georgia State Election Board that would have required county election workers to hand-count ballots cast on Election Day. The hand-count rule, passed at the "11th hour" in late September by a pro-Trump majority on the State Election Board, was deemed by the judge as "too much, too late" to implement before the November election. Critics argued that the requirement could lead to administrative chaos, delays in reporting results, and increased potential for errors. Judge McBurney's rulings aim to ensure that the election process proceeds smoothly, that certification deadlines are met, and that any concerns about the election are addressed appropriately through the courts after results are certified.