In a significant legal development, the MAGA movement’s strategy to influence election boards in Georgia has hit a roadblock.
Two lawsuits have converged before Judge McBurney at the Fulton County Courthouse in Atlanta, spotlighting the contentious atmosphere surrounding the state’s electoral process.
The first case involves Julie Adams, a member of the Fulton County Election Board, who has argued that she possesses the authority to postpone the certification of election results on election day.
This claim stems from new regulations recently enacted by the state election board, which is currently under MAGA control.
These rules, dubbed the “reasonable inquiry rule” and the “examination rule,” are designed to empower local election boards, like Adams’, to potentially disrupt the certification process.
On the surface, these rules may appear innocuous, but critics argue they are strategically crafted to undermine voter rights.
The reasonable inquiry rule allows board members to call for investigations into election results, while the examination rule could enable them to demand extensive ballot recounts.
This could lead to delays in certifying election outcomes, which are mandated by Georgia law to occur within a week after the election.
Judge McBurney has taken steps to clarify these new regulations, particularly concerning the responsibilities of election superintendents.
In a declaratory judgment action initiated by Adams, the judge ruled that no board member can refuse to certify election results, regardless of the new rules.
His declaration emphasized that the role of an election superintendent in certifying results is mandatory, despite certain discretionary aspects of their position.
The judge’s ruling underscored that election certification is not optional.
He made it clear that any delay in obtaining information necessary for certification cannot justify a refusal to certify the results.
Essentially, he told Adams and her MAGA colleagues that they must either certify the results or step aside without impeding the process.
This ruling marks a pivotal moment in the ongoing battle over election integrity in Georgia.
It reflects a broader strategy that has been unfolding since 2020, where MAGA supporters have sought to infiltrate election boards and positions of power to create potential roadblocks to certification, particularly when initial results favor Democratic candidates.
Moreover, this legal tussle is not isolated.
A companion case brought by the Democratic National Committee is also under consideration by Judge McBurney, addressing whether the newly established rules can be applied to the upcoming elections at all.
The outcome of both cases could have significant implications for the electoral landscape in Georgia.
Judge McBurney’s reputation as a fair and courageous adjudicator adds weight to his rulings.
He previously stood up to the Georgia Supreme Court regarding abortion rights, asserting that women have a right to choose under the state’s constitutional privacy laws.
This history of taking bold positions suggests that his current rulings could similarly challenge entrenched political interests.
As the election approaches, the stakes are high.
Voting has already commenced, and the need for clarity regarding these regulations is urgent.
The looming deadlines for certification create a sense of immediacy, with the potential for appeals to further complicate matters.
While the MAGA strategy may have encountered a setback in Georgia, the broader implications of this legal fight resonate beyond state lines.
It highlights the ongoing struggle over voting rights and election integrity in America, a battle that continues to evolve as various factions push their agendas.
As we keep an eye on developments in Georgia, it’s clear that this legal saga will not end here.
The ramifications of Judge McBurney’s rulings will likely extend into future elections, shaping the political landscape for years to come.
Michael Popock will continue to monitor these events, providing updates on the intersection of law and politics as they unfold.
