GA Court Says Democrats Can Bar GOP Election Board Members

On March 20, the Georgia Court of Appeals delivered a staggering blow to the principle of bipartisan election oversight. In Fulton County Board of Commissioners v. Fulton County Republican Party, the court effectively granted the board’s partisan majority broad discretion to reject GOP nominees.

By reversing a lower court’s order to seat duly nominated Republican Board of Registration and Elections members, the court hasn’t just sided with the Fulton County Board of Commissioners, it has undermined the very safeguards meant to ensure genuine bipartisanship in Georgia’s largest county.

A Defiant Pattern

This crisis is the result of a sustained campaign by Fulton’s Democratic majority to gatekeep the membership of the board. In May 2025, the board of commissioners escalated their longstanding battle with the GOP by rejecting Fulton County Republican Party nominees Julie Adams and Jason Frazier.

By August 2025, Superior Court Judge David Emerson ordered the county to seat them and, in a follow-on ruling, imposed a $10,000-a-day contempt fine — paid by taxpayers — for refusal to comply. Emerson stated in his contempt ruling that the commissioners had been “stubbornly litigious and acted in bad faith” by ignoring clear local law.

The Democrat-majority Fulton board of commissioners still refused, turning the fine into a taxpayer-funded blockade — until this latest ruling reversed both the order and the fine.

Finding a Loophole

The loophole the commissioners sought has been handed to them. Presiding Judge Anne Barnes held that the board’s power to “appoint” is inherently discretionary. The court ruled that even though the local law says the governing authority “shall” make appointments from party nominations, the act of appointing is “inherently discretionary.” The commissioners therefore retain the right to exercise judgment when deciding whether to accept particular nominees. Judges should not interfere with that discretion unless the commissioners’ decision amounts to a gross abuse of discretion — that is, unless their action was arbitrary, capricious, and unreasonable.

In a statement, Georgia Republican Party Chairman Josh McKoon characterized the ruling as “Predictable but outrageous,” adding: “The Georgia Court of Appeals just handed Fulton County Democrats a veto pen over Republican nominations to the Board of Elections. ‘Shall appoint from nominations made by the party’ apparently now means ‘unless we don’t like them.’

As nominee Frazier warned, “If this holds, the Dems on the Fulton County Board of Commissioners can essentially pick their Dem Board of Elections Members, The Chair AND THE REPUBLICANS.”

Nominee Adams is currently the Fulton County Board of Registration and Elections’ only Republican member. Her term has expired, but she remains in holdover status until she or a successor is seated.

In a written statement she said, “This action destroys parity — the bipartisan balance that protects election integrity — by granting one party unchecked control over election oversight. It erodes public trust, as citizens inevitably see bias even where none exists. And it sets a dangerous precedent, signaling to other metro counties that political power, not fairness, governs who oversees elections.”

The Implications: A Blueprint for Bias

This decision creates a dangerous “new normal” for Georgia. If one party can block the other’s nominees until they find someone “compliant” enough, the bipartisan balance the legislature intended to provide confidence and trust in our elections is all but dead.

It also creates a blueprint for suppression. Other counties now have a roadmap to silence dissenting voices and turn county boards of registration and elections into echo chambers. Outspoken nominees who challenge legitimate voter roll issues or processes, or insist on genuine accountability prior to certification, can be disqualified by their political opponents before they even take their seat.

A Call to Action

The court of appeals created a loophole big enough to drive a truck through. Focus now turns to whether the decision will be appealed — and how long that might take.

Fulton County GOP Chair Stephanie Endres tells me the party is considering their options.

Meanwhile, lawmakers must clarify that under O.C.G.A. § 21-2-40, “shall appoint” creates a ministerial duty, not discretionary choice. The General Assembly needs to make clear that the governing board cannot refuse to seat a nominee if he or she meets statutory qualifications.

Victor Anderson, chairman of the House Government Affairs Committee, tells me the General Assembly is exploring ways, in this session, to strengthen and clarify the law on board appointments.

Mark Davis is President of Data Productions, Inc., has been working with voter data since 1986, and is a member of the Georgia Republican Party’s Election Confidence Task Force. He has served as an analyst and expert witness in court cases involving disputed elections seven times over the last 23 years, and has been invited to offer testimony before subcommittees of the Georgia General Assembly three times since 2020. Follow him @MarkDavisGOP on X.