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.
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