A Georgia judge has struck down a rule for hand-counting ballots on Election Day, asserting the importance of timely election result certification.
Breitbart reported that Fulton County Superior Court Judge Robert McBurney has overturned a new rule that would have required hand counting of paper ballots immediately after polls closed.
The rule, introduced by a State Election Board dominated by Trump supporters, was challenged in court by Cobb County's election board.
The Cobb County election board argued that the hand count rule, along with five other new regulations, exceeded the State Election Board's authority and compromised the practical administration of elections.
Early in-person voting in Georgia commenced the day following Judge McBurney's critical decision, setting the stage for the upcoming presidential election.
Judge McBurney's decision came after assessing claims that the hand-counting rule would lead to administrative chaos, undermining public trust and the orderly conduct of elections.
The rule had been slated to involve three poll workers in counting paper ballots manually, a procedure criticized for lacking clear implementation guidelines.
“The administrative chaos that will — not may — ensue is entirely inconsistent with the obligations of our boards of elections to ensure that our elections are fair, legal, and orderly,” wrote Judge McBurney. He echoed concerns of disorder reminiscent of the chaos seen during the 2021 Capitol riot.
Central to McBurney’s ruling was the affirmation that election superintendents must adhere to strict deadlines for certifying election results, dismissing any possibility of refusal to certify. According to Georgia law, county election superintendents are required to certify results by 5 p.m. the Monday following an 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,” McBurney emphasized in his certification ruling. This assertion underscores the court's stance on maintaining the integrity and timeline of election processes.
The decision was met with approval from Democratic groups and the campaign of Democratic Vice President Kamala Harris, who are gearing up for a contentious presidential race.
“From the beginning, this rule was an effort to delay election results to sow doubt in the outcome, and our democracy is stronger thanks to this decision to block it,” the groups celebrated in a joint statement.
During the hearing, Robert Thomas, representing the State Election Board, argued that the hand-counting process was straightforward and wouldn't cause significant delays in reporting results. However, his reassurances were insufficient in swaying the court's judgment.
Julie Adams, commenting on the ruling, appreciated Judge McBurney’s clarification that county election officials could not be barred from overseeing elections.
Her relief reflected the concerns of many election officials across the state who feared losing control over the electoral processes within their jurisdictions.
The ruling arrives amid heightened concerns that Trump-aligned figures might attempt to manipulate the certification of election results. McBurney's firm stance in the ruling aims to preempt such possibilities by ensuring a rigid adherence to the certification deadlines and procedures.
Judge Robert McBurney’s decision has been applauded by many as a necessary act to protect the integrity and orderliness of elections.
His rulings reflect a judicious approach to handling sensitive electoral processes, which, if mishandled, could lead to significant public distrust and systemic disorder.