Current:Home > FinanceJudge tosses suit seeking declaration that Georgia officials don’t have to certify election results-LoTradeCoin
Judge tosses suit seeking declaration that Georgia officials don’t have to certify election results
View Date:2024-12-24 07:12:02
ATLANTA (AP) — A 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.
Under Georgia law, the principle of sovereign immunity protects state and local governments from being sued unless they agree to it. But voters in 2020 approved an amendment to the state Constitution to provide a limited waiver for claims where a party is asking a judge to make a declaration on the meaning of a law.
That is what Adams was trying to do when she filed her suit against the board she sits on and the county elections director. But Superior Court Judge Robert McBurney noted in his ruling that the requirements very plainly state that any such complaint must be brought against the state or local government.
McBurney noted that Adams had amended her complaint and tried to recast her claims as being brought against Fulton County alone. But, he concluded, “That was too little, too late; the fatal pleading flaw cannot be undone.”
However, McBurney noted, that does not mean this fight is necessarily over.
“This action is done, but there can be another,” he wrote. Adams “can refile, name the correct party, and we will pick up where we left off, likely with all the same lawyers and certainly with the same substantive arguments.”
veryGood! (27)
Related
- Angels sign Travis d'Arnaud: Former All-Star catcher gets multiyear contract in LA
- At Flint Debate, Clinton and Sanders Avoid Talk of Environmental Racism
- Mark Consuelos Reveals Warning Text He Received From Daughter Lola During Live With Kelly & Mark
- Ariana Madix Finally Confronts Diabolical, Demented Raquel Leviss Over Tom Sandoval Affair
- Veterans face challenges starting small businesses but there are plenty of resources to help
- Environmental Justice Bill Fails to Pass in California
- The Petroleum Industry May Want a Carbon Tax, but Biden and Congressional Republicans are Not Necessarily Fans
- South Dakota Backs Off Harsh New Protest Law and ‘Riot-Boosting’ Penalties
- Michigan soldier’s daughter finally took a long look at his 250 WWII letters
- Nobel-Winning Economist to Testify in Children’s Climate Lawsuit
Ranking
- We Can Tell You How to Get to Sesame Street—and Even More Secrets About the Beloved Show
- At Flint Debate, Clinton and Sanders Avoid Talk of Environmental Racism
- They're gnot gnats! Swarms of aphids in NYC bugging New Yorkers
- What is the Higher Education Act —and could it still lead to student loan forgiveness?
- 'America's flagship' SS United States has departure from Philadelphia to Florida delayed
- Court: Trump’s EPA Can’t Erase Interstate Smog Rules
- Court: Trump’s EPA Can’t Erase Interstate Smog Rules
- Kim Kardashian Addresses Rumors She and Pete Davidson Rekindled Their Romance Last Year
Recommendation
-
Top Federal Reserve official defends central bank’s independence in wake of Trump win
-
The Society of Professional Journalists Recognizes “American Climate” for Distinguished Reporting
-
ESPN lays off popular on-air talent in latest round of cuts
-
Wednesday's Percy Hynes White Denies Baseless, Harmful Misconduct Accusations
-
NFL Week 10 injury report: Live updates on active, inactive players for Sunday's games
-
Vanessa and Nick Lachey Taking Much Needed Family Time With Their 3 Kids
-
Biden lays out new path for student loan relief after Supreme Court decision
-
No major flight disruptions from new 5G wireless signals around airports