Georgia appeals court upholds ruling saying election officials must certify results

Fulton County Superior Court Judge Robert McBurney speaks into a microphone.
Fulton County Superior Court Judge Robert McBurney at a hearing in the 2020 Georgia election interference case in January 2023. (Matthew Pearson/WABE)

A Georgia appeals court has upheld a lower court ruling that said county election officials in the state must vote to certify results according to deadlines set in law.

Fulton County Superior Court Judge Robert McBurney had ruled in October 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.” The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.

A three-judge panel of the Georgia Court of Appeals last week upheld McBurney’s ruling, saying “Adams’ contention that the trial court erred by declaring she had a mandatory duty to certify election results is without merit.”