Judge’s Ruling Is a Devastating Setback for MAGA Election Meddling
A judge dismissed a lawsuit Tuesday from a member of the Fulton County, Georgia, elections board who refused to certify the results of the state’s primary election. In May, board official Julie Adams launched a lawsuit against the county, arguing that she could not certify the results of the primary election without having access to all information about the voting procedures. Elections Board director Nadine Williams had barred her from seeing some information. Adams also sought a court ruling on whether her duty to certify election results is “discretionary, not ministerial, in nature,” according to the suit. Judge Robert C.I. McBurney dismissed the case without prejudice, meaning that Georgia election officials will continue to have a mandatory duty to certify the election results, scrambling Adams’s attempt to upend years of precedent and Georgia state law.An amendment to Georgia’s state constitution allows for plaintiffs to seek declaratory relief from the government, which could determine Adams’s obligations in her role as an election superintendent. However, the law required that any complaint seeking relief must be brought against the state or local government only, and no other forms of relief can be included in the complaint. “Failure to comply with either requirement is fatal: the non-compliant complaint ‘shall be dismissed,’” McBurney wrote in his order.Adams’s first complaint in May was brought against the Fulton County Board of Registration and Elections, as well as Williams. According to the judge, “Neither is a proper party for such a suit.” The complaint also requested injunctive relief, which would prohibit Williams from denying Adams access to election materials and processes. In July, the defendants argued a motion to dismiss using this argument, and Adams amended her original complaint, bringing her case solely against Fulton County. “That was too little, too late; the fatal pleading flaw cannot be undone,” wrote the judge. Adams, a staunch election denier, was backed by the America First Policy Institute, a pro-Trump think tank. McBurney made clear that Adams can refile her claim, this time listing the proper party, and that if she “moves with alacrity,” her claim “can be considered alongside” a challenge to the Georgia election board’s new rule requiring a “reasonable inquiry” before certifying election results. The rule, which was passed in August, would make it significantly easier for county election officials to delay or refuse certification of election results in populous Democratic strongholds such as Fulton or DeKalb counties in November.
A judge dismissed a lawsuit Tuesday from a member of the Fulton County, Georgia, elections board who refused to certify the results of the state’s primary election.
In May, board official Julie Adams launched a lawsuit against the county, arguing that she could not certify the results of the primary election without having access to all information about the voting procedures. Elections Board director Nadine Williams had barred her from seeing some information.
Adams also sought a court ruling on whether her duty to certify election results is “discretionary, not ministerial, in nature,” according to the suit.
Judge Robert C.I. McBurney dismissed the case without prejudice, meaning that Georgia election officials will continue to have a mandatory duty to certify the election results, scrambling Adams’s attempt to upend years of precedent and Georgia state law.
An amendment to Georgia’s state constitution allows for plaintiffs to seek declaratory relief from the government, which could determine Adams’s obligations in her role as an election superintendent. However, the law required that any complaint seeking relief must be brought against the state or local government only, and no other forms of relief can be included in the complaint.
“Failure to comply with either requirement is fatal: the non-compliant complaint ‘shall be dismissed,’” McBurney wrote in his order.
Adams’s first complaint in May was brought against the Fulton County Board of Registration and Elections, as well as Williams. According to the judge, “Neither is a proper party for such a suit.” The complaint also requested injunctive relief, which would prohibit Williams from denying Adams access to election materials and processes.
In July, the defendants argued a motion to dismiss using this argument, and Adams amended her original complaint, bringing her case solely against Fulton County. “That was too little, too late; the fatal pleading flaw cannot be undone,” wrote the judge.
Adams, a staunch election denier, was backed by the America First Policy Institute, a pro-Trump think tank.
McBurney made clear that Adams can refile her claim, this time listing the proper party, and that if she “moves with alacrity,” her claim “can be considered alongside” a challenge to the Georgia election board’s new rule requiring a “reasonable inquiry” before certifying election results. The rule, which was passed in August, would make it significantly easier for county election officials to delay or refuse certification of election results in populous Democratic strongholds such as Fulton or DeKalb counties in November.
