In Major Blow to Trump’s Election Denial Efforts, Georgia Judge Says Results Must Be Certified

The opinion is significant after the Georgia State Election Board passed a series of controversial eleventh-hour rule changes.

Fulton County Superior Court Judge Robert McBurney in AtlantaBrynn Anderson/AP

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

A Georgia judge ruled on Tuesday that county election boards are required to certify election results—a major victory for democratic norms and a big loss for election deniers seeking to subvert the 2024 election.

“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,” Fulton County Judge Robert McBurney wrote in a response to a lawsuit filed by Julie Adams, a Republican member of the Fulton County Board of Elections who voted against certifying the May presidential primary. Adams works for an election denial group founded by conservative activist Cleta Mitchell, a Trump lawyer who helped spearhead the effort to overturn the 2020 results and filed her lawsuit with the support of the Trump-allied America First Policy Institute.

McBurney’s opinion is especially significant because the MAGA majority on the Georgia State Election Board has passed a series of controversial eleventh-hour rule changes that Democrats, voting rights groups, and even some Republicans worry could be used as a pretext not to certify the election outcome if Vice President Kamala Harris carries Georgia. That includes mandating a hand-count of election day ballots, requiring counties to undertake a “reasonable inquiry” before certifying election results, and giving county officials access to “all election-related documentation.” Any attempt to refuse to certify the results, even if unsuccessful, could be weaponized by Trump and his allies to sow distrust about the voting process. (Those rule changes are also being challenged in court.)

In his opinion, which came as in-person early voting kicked off in Georgia, McBurney addressed the consequences if Georgia election officials attempt to defy the law. “If election superintendents were, as Plaintiff urges, free to play investigator, prosecutor, jury, and judge and so—because of a unilateral determination of error or fraud—refuse to certify election results, Georgia voters would be silenced,” he wrote. “Our Constitution and our Election Code do not allow for that to happen.”

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices.

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

INDEPENDENT. BECAUSE OF YOU.

Mother Jones has no billionaires calling the shots—just readers like you making fearless reporting possible

Donate