Judge tosses suit seeking declaration that Georgia officials don't have to certify election results

Fulton County Superior Judge Robert McBurney on the bench.
Fulton County Superior Court Judge Robert McBurney awaits the delivery of indictments from the Grand Jury including a possible indictment of former President Donald Trump and others in Atlanta, Ga, on Monday, August 14, 2023. (Matthew Pearson/WABE)

lawsuit arguing that county election board members in Georgia have the discretion to refuse to certify election results has been dismissed on a technicality, but the judge noted it could be refiled.

Fulton County election board member Julie Adams filed a lawsuit in May asking a judge to declare that the county election board members’ duties “are discretionary, not ministerial, in nature.” At issue is a Georgia law that says the county officials “shall” certify results after engaging in a process to make sure they are accurate.

Superior Court Judge Robert McBurney on Monday dismissed Adams’ lawsuit, saying that she had failed to name the correct party as a defendant. The Associated Press has reached out to Adams’ lawyers seeking comment on the ruling and asking if they intend to file a new complaint.