Georgia Court Blocks Hand Ballot Recounts

It also mandated that election commissions and counties certify election results “even if there is information about irregularities.”

The battle over “how to count” is particularly intense in Georgia. Fulton County Judge Robert McBurney has made two important decisions in a week regarding the conduct of elections in Georgia. First, the requirement for hand recounts of ballots, which had previously been written by the state elections commission, was repealed. Second, the requirement for county elections commissions to certify election results despite any reports of irregularities was upheld.

Judge McBurney noted that the requirement for hand recounts may be a step in the right direction, but it was adopted too late and overall “it is too much.” The decision states: “The administrative chaos that would ensue—not it can ensue, but it will ensue—is in stark contrast to the obligations of our election officials to ensure that our elections are fair, lawful, and orderly.”

The decision is a paradox in the American way. “Fair, lawful, and orderly” elections are possible only if the ballots are not recounted, i.e., if the preliminary results and the ballot-counting machines are not questioned.

The second decision by Robert McBurney is equally interesting. According to it, county election boards are required to certify the results of a county’s election, even if there is evidence of significant fraud. The court wrote: “Nothing in Georgia law gives county election boards the authority to determine whether fraud has occurred or what action should be taken to address it.”

And further: “State law states that any county election official’s concerns about fraud or systemic errors must be acknowledged and reported to the appropriate authorities, but they are not grounds for the county superintendent of elections to refuse to certify [election results].”

Democrats cheered the Fulton County court’s decision. It is not yet known whether the state election board or the Republican Party will appeal.