Georgia Judge Dismisses GOP Election Board Member’s Certification Challenge
A Georgia judge dismissed a lawsuit from a Republican Fulton County election board member who asked a court to define the certification duties of her job after she refused to certify primary results earlier this year.
Republican-appointed Judge Robert C.I. McBurney seemed to lightly chastise board member Julie Adams in his opinion Monday for not following procedural rules for bringing her claim and dismissed the case without prejudice, meaning she can file again.
Adams sued Nadine Williams, director of the Fulton County Board of Elections, in May after Adams refused to certify the county’s results from the primary elections on May 21. Adams, according to her complaint, sought access to election data to confirm “the accuracy of the returns” but was rebuffed by Williams, who essentially told Adams her request is outside her purview.
The lack of access, Adams says, sparked her decision to not certify. After her refusal, the Democratic Party of Georgia sent a letter to board members stating that certification is a “ministerial duty,” — an act prescribed by law — and the failure to certify is subject to potential legal action, according to the complaint.
In her lawsuit, Adams asked the court to “clarify that the statutory role of election superintendent assigned to the (Fulton County election board) by Georgia law cannot be delegated in its entirety to the Director,” and that Adam’s duties are discretionary — which to some extent allows an individual to use their own judgment — and not ministerial.
Adams argued Williams violated state law by preventing Adams from “gaining access to information needed to fulfill their statutory duties.”
Since the case was filed in May, both the Democratic National Committee (DNC) and the Fulton County Republican Party filed motions to intervene. A judge assigned to the case recused himself in June.
McBurney noted in his ruling that Adams’ case was made possible by Georgia voters, who in November of 2020 approved an amendment to the Georgia Constitution that allows residents to sue the state for declaratory relief.
But certain conditions must be met. A prospective plaintiff must bring their complaint against a state or local government only. Failure to comply, McBurney explains, will result in the case’s dismissal.
“Plaintiff’s first complaint … was brought against the Fulton County Board of Registration and Elections (FCBRE) and its Director,” he wrote. “Neither is a proper party for such a suit and the original complaint should have been dismissed,” which the defendants argued in a July motion.
In response, Adams amended her complaint. But, McBurney writes, “[t]hat was too little, too late; the fatal pleading flaw cannot be undone.”
Adams is one of many Republican county election board members who’ve withheld or threatened to withhold certification on the grounds that they need to directly investigate or verify election results, a task typically outside of the responsibilities of an election board member.
Last month, the DNC and the Democratic Party of Georgia sued the State Election Board for passing rules this month that could delay the certification of election results.