{"id":2339775,"date":"2024-09-11T14:24:01","date_gmt":"2024-09-11T18:24:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/ga-judge-dismisses-election-officials-plea-to-protect-her-role\/"},"modified":"2024-09-11T14:27:10","modified_gmt":"2024-09-11T18:27:10","slug":"ga-judge-dismisses-election-officials-plea-to-protect-her-role","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/ga-judge-dismisses-election-officials-plea-to-protect-her-role\/","title":{"rendered":"GA Judge Dismisses Election Official&#8217;s Plea To Protect Her Role"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fga-judge-dismisses-election-officials-plea-to-protect-her-role%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2339775&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A Georgia judge has dismissed \u2062a request from Fulton County election official Julie Adams, who \u200bsought court confirmation regarding her obligation to certify election results. \u2064Adams faced threats\u200d of criminal \u2063charges from the Democratic Party of\u2064 Georgia after refusing \u2062to certify\u200b the results\u2064 of the March presidential primary, claiming she \u200dwas denied access to necessary\u200c election materials. Although Judge Robert C.I. McBurney dismissed Adams&#8217;\u200d initial filing due to procedural issues, he \u2064noted that she could refile her suit. Adams contends that her role in certifying elections should be discretionary, allowing \u200bher to choose whether to approve results based on her confidence in the election&#8217;s integrity. The situation arose after she alleged she was hindered from performing her\u200b duties as a board member \u2063due to a\u2063 lack of \u200daccess to essential election processes and records, receiving\u2062 a letter warning of possible misdemeanor charges for non-compliance.\u200c The outcome of whether Adams will refile her\u200d <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/kerpen-lauds-tennessees-esg-suit-against-blackrock\/\" title=\"Kerpen praises Tennessee&#039;s ESG lawsuit on Blackrock\">lawsuit\u200b remains uncertain<\/a>.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>A Georgia judge dismissed a plea from a Fulton County election official who asked the court to confirm she is not obligated to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dems-threaten-gop-officials-into-certifying-elections-or-else\/\" title=\"Dems Threaten GOP Officials Into Certifying Elections Or Else\">rubber-stamp election results<\/a> after Democrats threatened her with criminal charges.<\/p>\n<p>Fulton County Board of Registration and Elections (FCBRE) member <a href=\"https:\/\/thefederalist.com\/2024\/08\/07\/courts-stall-georgia-election-officials-case-months-after-dems-threatened-her-for-refusing-certification\/\" target=\"_blank\" rel=\"noreferrer noopener\">Julie Adams<\/a> <a href=\"https:\/\/www.democracydocket.com\/wp-content\/uploads\/2024\/06\/2024-05-22-Complaint.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">filed a suit<\/a> in May <a href=\"https:\/\/thefederalist.com\/2024\/05\/23\/lawsuit-fulton-county-election-board-wrongfully-withholding-records-from-gop-member\/\" target=\"_blank\" rel=\"noreferrer noopener\">seeking clarification<\/a> about her role after she was legally threatened by the Democratic Party of Georgia for not certifying the results of the March presidential preference primary. Adams alleges she was within her right to refuse to certify the results of the primary after she was allegedly &ldquo;denied &hellip; access to essential election materials and processes.&rdquo;<\/p>\n<p>Judge Robert C.I. McBurney dismissed the challenge on Monday, ruling that Adams made a procedural error in her filing but left the door open for Adams to refile her suit. <\/p>\n<p>&ldquo;Plaintiff&rsquo;s claims are not forfeited; they are merely dismissed &mdash; for now. This action is done, but there can be another. Plaintiff can refile, name the correct party, and we will pick up where we left off, likely with all the same lawyers and certainly with the same substantive arguments,&rdquo; McBurney ruled. <\/p>\n<p>&ldquo;If Plaintiff moves with alacrity, the merits of her claim that the role of an election superintendent &mdash; in particular when certifying the results of an election &mdash; is discretionary rather than ministerial can still be considered alongside the related claims set forth in <em>Abhiraman et al. v. State Board of Elections<\/em> &hellip; . This may seem like an unnecessary drill, but it was also an entirely unavoidable one,&rdquo; the ruling continued.<\/p>\n<p>Adams requested access to election-related <a href=\"https:\/\/thefederalist.com\/2024\/05\/23\/lawsuit-fulton-county-election-board-wrongfully-withholding-records-from-gop-member\/\" target=\"_blank\" rel=\"noreferrer noopener\">material<\/a> like the county&rsquo;s qualified voter list and absentee ballot records before certifying the presidential preference primary earlier this year. Adams alleges she was denied access, and without that material, she did not vote to certify the election. But the Democrat Party of Georgia sent a letter to Adams and the rest of the board ten days later threatening that criminal charges could be levied against board members who do not certify the results.<\/p>\n<p>&ldquo;Ultimately, if a member of the Board of Elections either &lsquo;willfully neglects&rsquo; or &lsquo;refuses to perform&rsquo; their statutory obligations, they &lsquo;shall be guilty of a misdemeanor,&rsquo;&rdquo; the letter warned, citing O.C.G.A. &sect; 21-2-596.<\/p>\n<p>Adams filed a complaint <a href=\"https:\/\/thefederalist.com\/2024\/05\/23\/lawsuit-fulton-county-election-board-wrongfully-withholding-records-from-gop-member\/\" target=\"_blank\" rel=\"noreferrer noopener\">asking<\/a> the court to confirm her role in certifying elections is discretionary &mdash; meaning members can choose whether to certify the results if they are confident the election was administered lawfully &mdash; rather than ministerial &mdash; which means she and other members must rubber-stamp the results despite any concerns.<\/p>\n<p>Adams also alleged she was prevented from &ldquo;performing her statutory duties as a BRE member&rdquo; after &ldquo;access to essential election materials and processes by which elections in Fulton County are conducted&rdquo; was allegedly withheld by the FCBRE and its director, Nadine Williams. <\/p>\n<p>Adams argued that the <a href=\"https:\/\/law.justia.com\/codes\/georgia\/2010\/title-21\/chapter-2\/article-2\/part-1\/subpart-2\/21-2-40\" target=\"_blank\" rel=\"noreferrer noopener\">Authorization Act<\/a> gives the BRE members &ldquo;the powers and duties of the election superintendent relating to the conduct of primaries and elections.&rdquo;<\/p>\n<p>State <a href=\"https:\/\/law.justia.com\/codes\/georgia\/2022\/title-21\/chapter-2\/article-2\/part-3\/section-21-2-70\/\" target=\"_blank\" rel=\"noreferrer noopener\">statute<\/a> stipulates that the superintendent has the power to &ldquo;inspect systematically and thoroughly the conduct of primaries and elections.&rdquo; The suit further contends that <a href=\"https:\/\/law.justia.com\/codes\/georgia\/title-21\/chapter-2\/article-12\/section-21-2-493\/\" target=\"_blank\" rel=\"noreferrer noopener\">state statute<\/a> says superintendents &ldquo;shall compare the registration figure with the certificates returned by the poll officers.&rdquo;<\/p>\n<p>Adams also argues that Fulton County Local <a href=\"https:\/\/library.municode.com\/ga\/fulton_county\/codes\/code_of_ordinances?nodeId=PTILOCOAMLOAC_CH14EL_ARTIIBOELRE_S14-32CRPODUGE\" target=\"_blank\" rel=\"noreferrer noopener\">Act &sect; 14-32<\/a>, &ldquo;[c]onsistent with the Authorization Act,&rdquo; vests the BRE with the &ldquo;powers and duties of the election superintendent of Fulton County relating to the conduct of elections and the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.&rdquo;<\/p>\n<p>It is unclear whether Adams will refile her suit, and if she does, whether the issue will be remedied before Election Day.<\/p>\n<p>The Georgia State Election Board (SEB), however, recently approved a series of rules aimed at ensuring election results are accurate before they are certified. <\/p>\n<p><a href=\"https:\/\/thefederalist.com\/2024\/08\/08\/georgia-elections-board-confirms-officials-right-to-reasonable-inquiry-before-certifying-elections\/\" target=\"_blank\" rel=\"noreferrer noopener\">One rule<\/a> (Rule 183-1-12-.02) <a href=\"https:\/\/sos.ga.gov\/sites\/default\/files\/2024-07\/Notice%20of%20Proposed%20Rulemaking%20-%20183-1-12-.02.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">clarifies<\/a> that <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/report-democrats-look-to-fund-effort-to-elect-local-election-supervisors\/\" title=\"Report: Democrats Look to Fund Effort to Elect Local Election Supervisors\">county election board members<\/a> can fulfill their responsibility to certify an election &ldquo;after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.&rdquo;<\/p>\n<p>Another <a href=\"https:\/\/thefederalist.com\/2024\/08\/16\/georgia-board-to-vote-on-requiring-number-of-ballots-cast-to-equal-number-of-voters\/\" target=\"_blank\" rel=\"noreferrer noopener\">rule<\/a> (Rule 183-1-12-.12) <a href=\"https:\/\/sos.ga.gov\/sites\/default\/files\/2024-07\/notice_of_proposed_rulemaking_183_1_12_12_1_v2.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">permits<\/a>, in part, board members to review &ldquo;all <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dems-ga-county-should-rubber-stamp-elections-no-questions\/\" title=\"Dems: GA County Should Rubber-Stamp Elections, No Questions\">election related documentation created<\/a> during the conduct of elections prior to certification of results.&rdquo;<\/p>\n<p><em>For more election news and updates, visit <a href=\"https:\/\/electionbriefing.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">electionbriefing.com<\/a>.<\/em><\/p>\n<hr>\n<p>      Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A judge in Georgia has rejected a request from a Fulton County election official who sought court confirmation that she is not required to automatically approve election results following threats of criminal charges from Democrats. Julie Adams, a member of the Fulton County Board of Registration and Elections (FCBRE), initiated legal action in May to clarify her responsibilities after being threatened by the Democratic Party of Georgia for not certifying the results of the March presidential primary. Adams claims she was justified in refusing to certify those results because she was allegedly denied access to crucial election materials and processes.<\/p>\n<p>On Monday, Judge Robert C.I. McBurney dismissed her case due to a procedural mistake but indicated that Adams could refile her suit. He stated, \u201cPlaintiff\u2019s claims are not forfeited; they are merely dismissed \u2014 for now.\u201d He added that if Adams acts quickly, her argument regarding whether an election superintendent&#8217;s role\u2014especially concerning certification\u2014is discretionary rather than mandatory could still be addressed alongside related claims.<\/p>\n<p>Adams had requested access to essential election documents such as the county&#8217;s qualified voter list and absentee ballot records before certifying the primary earlier this year but alleges she was denied this access. Following this denial, ten days later, the Democratic Party sent a letter warning board members that failing to certify results could lead to criminal charges under state law.<\/p>\n<p>In her complaint, Adams sought judicial confirmation that certifying elections is at their discretion\u2014meaning they can choose whether or not to certify based on their confidence in lawful administration\u2014rather than being required to do so regardless of any concerns. She also claimed she was hindered from fulfilling her duties as a board member due to restricted access to necessary materials related to how elections are conducted in Fulton County.<\/p>\n<p>Adams argued that state law grants FCBRE members powers similar to those of an election superintendent regarding conducting primaries and elections. The lawsuit further contends that state statutes require superintendents &#8220;to systematically inspect&#8221; electoral processes and compare registration figures with poll officer certificates.<\/p>\n<p>It remains uncertain if Adams will refile her lawsuit or if it will be resolved before Election Day. Meanwhile, the Georgia State Election Board has recently approved new rules designed to ensure accuracy in election results prior to certification. One rule clarifies that county board members can certify elections only after confirming through reasonable inquiry that all tabulation and canvassing have been completed accurately while another allows them access for review of all relevant documentation before certifying results.<\/p>\n<p>For more updates on elections, visit electionbriefing.com.<br \/>\nBrianna Lyman is an elections correspondent at The Federalist with a degree from Fordham University in International Political Economy; her work has appeared on various news platforms including Newsmax and Fox News<\/p>\n","protected":false},"author":74,"featured_media":2339776,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/Screenshot-2024-09-11-at-12.21.22-PM-e1726071795895-1024x577.png","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[7578,40658,40657,5387,33211],"class_list":["post-2339775","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-dismissal","tag-election-official","tag-ga","tag-judge","tag-legal-news"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/09\/Screenshot-2024-09-11-at-12.21.22-PM-e1726071795895-1024x577.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2339775","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/74"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2339775"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2339775\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2339776"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2339775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2339775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2339775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}