this post was submitted on 15 Oct 2024
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A Georgia judge has ruled county election officials must certify election results by the deadline set in law and cannot exclude any group of votes from certification even if they suspect error or fraud.

Fulton County Superior Court Judge Robert McBurney ruled that “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.” While they have the right to inspect the conduct of an election and to review related documents, he wrote, “any delay in receiving such information is not a basis for refusing to certify the election results or abstaining from doing so.”

Georgia law says county election superintendents, which are multimember boards in most counties, “shall” certify election results by 5 p.m. on the Monday after an election — or the Tuesday if Monday is a holiday as it is this year.

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[–] [email protected] 18 points 13 hours ago

I may be a jackoff, but I'm not so big of a jackoff that a judge needs to tell me to do my job.

[–] [email protected] 56 points 18 hours ago* (last edited 18 hours ago)

This is definitely going to be used by election deniers to say "See, they really don't want fair elections." I'm not sure I really understand the role of election certification if it has to happen regardless by law. What is to be done in the case of real election interference or fraud?

Edit: Turns out reading the article can help 😅

Judge McBurney wrote that nothing in Georgia law gives county election officials the authority to determine that fraud has occurred or what should be done about it. Instead, he wrote, the law says a county election official's “concerns about fraud or systemic error are to be noted and shared with the appropriate authorities but they are not a basis for a superintendent to decline to certify.”

[–] [email protected] 91 points 20 hours ago (2 children)

Good. I hope the state supreme court doesn't overturn this ruling.

[–] [email protected] 38 points 19 hours ago (2 children)

Doesn't matter: there's no one to enforce the judge's ruling and no penalty for refusing, so anyone who does decide not to certify an election faces...sternly worded letter? lawsuit? contempt of court if that goes against them?

As we saw through Trump's first term, laws only work if there are penalties, and penalties only work if there is someone to enforce them.

[–] [email protected] 27 points 19 hours ago (2 children)

Contempt and jail. For low-level officials it happens. See Kim Davis, the clerk that refused to issue a marriage certificate for a gay marriage.

[–] [email protected] 22 points 19 hours ago (1 children)

That took 2 months. She served 4 days while deputies were empowered by another court case to do her job and right-wing nutjobs paid her bills. Then she met the Pope.

A Georgia election official who gums up the works for two months to give cover to a Trump victory is getting a big promotion.

[–] [email protected] 3 points 14 hours ago* (last edited 13 hours ago)

And can ride the grift train for at least a season, and since this is election denial related, every 2 years at the least.

These dicks will sell out our democracy for a ticket on that train in a heartbeat

[–] [email protected] 10 points 19 hours ago (1 children)

Seems to me there has been many sponsored or wealthy who don’t mind getting a slap on the wrist, or suffer jail time after years of court. It seems to be a great way to advance careers and influence.

I’ve yet to see a regular person flouting such rules.

The system may be broken

[–] [email protected] 2 points 18 hours ago

That's the system working exactly as designed unfortunately.

[–] [email protected] 0 points 18 hours ago

Challenge accepted.

[–] [email protected] 36 points 19 hours ago (1 children)

We're 3 weeks away from the elections. It's a hard sell thinking anything government related gets sorted in that time frame.

[–] [email protected] 84 points 19 hours ago (1 children)

Ha. Courts can move fast when there are luxury vacations and RVs on the line.

[–] [email protected] 41 points 19 hours ago

"It's not an RV, it's a motorcoach"

a sentence that sounds best when shouted from a prison cell

[–] [email protected] 15 points 18 hours ago (1 children)

FUCKING CHRIST!

THIS SHOULDN'T NEED A FUCKING RULING!

WHETHER OR NOT THE PRESIDENT CAN COMMIT CRIMES SHOULDN'T HAVE NEEDED A FUCKING RULING!

[–] [email protected] 16 points 18 hours ago (2 children)

I understand your frustration but have to add to it: These are the kind of people who will ignore the ruling anyway unless the election results suit them

[–] [email protected] 10 points 18 hours ago

We're so fucked. I hate it.

[–] [email protected] 7 points 17 hours ago (2 children)

How is this not already the rule for decades?

[–] [email protected] 1 points 8 hours ago

It has been. The law is unambiguous, and the judge was just applying the existing law in this case.

[–] [email protected] 19 points 16 hours ago (1 children)

Probably cause it's one of those that didn't need to be said.

Like it isn't written in law that you shouldn't shit in a plane aisle but people probably assume it's a nono.

[–] [email protected] 6 points 16 hours ago

True true, we shouldn't need laws telling people not to be a dick.

[–] [email protected] 7 points 18 hours ago (1 children)

Thank you, Robert McBurney!

[–] [email protected] 2 points 17 hours ago

for what? paying lip service without including any enforcement or penalties?

trump is able to do his shit because no one will enforce the law on him and this will likely go down the same way.