Georgia judge appears willing to uphold recent election law changes: Report

 October 2, 2024

Georgia seems to consistently be a wild card in recent presidential elections, as the state typically brings its fair share of drama on Election Day. 

Since the 2020 election, which was its own disaster in the Peach State, several new election rules and changes have been proposed and even put into place by election officials in the Republican-led state.

According to the Washington Examiner, Fulton County Superior Court Judge Robert McBurney has seemed to signal that he's open to keeping the changes.

The observation comes as Democratic groups challenged several new election rules, some of which include modifications to the state's Electoral College vote certification proces.

On Tuesday, during arguments from the plaintiffs challenging the new rules, the judge appeared skeptical about buying what they were selling.

Democrats have argued that the rule changes can lead to "confusion" and delays in the certification process, though the judge did not appear convinced that would be the case.

The Examiner noted:

The first rule requires county officials to conduct a “reasonable inquiry” before certifying results, though the new rule lacks a clear definition of what constitutes such an inquiry. The second rule permits election officials to examine all election-related documentation before certification, raising concerns that this could cause delays in close or contested races.

Both new rules were passed by state election officials in a 3--2 vote according to the outlet.

McBurney made it clear that he doesn't believe the new rules will obstruct the certification process.

“What we’re debating about is what [superintendents] can do in the period leading up to certification, and whether we call that work ministerial or discretionary," the judge said during arguments Tuesday.

The judge hammered the plaintiffs on why they believe such rules would prevent county election officials from certifying election results.

The Examiner noted:

The Democrats contended that the lack of clarity in the rules could lead to misinterpretation by election officials, creating unnecessary delays and possibly threatening voters’ rights. They urged the court to issue a clear declaration to prevent any such confusion.

The Republican National Committee (RNC) intervened in the case on behalf of Georgia election officials. Attorney Baxter Drennon spoke on the election officials' behalf.

"I have not heard the petitioners cite one aspect of either rule that is inconsistent or different than what’s required here under the law," Drennon said.