Current:Home > MyJudge 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:2024-12-23 19:18:36
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! (61873)
Related
- All the Ways Megan Fox Hinted at Her Pregnancy With Machine Gun Kelly
- Geno Auriemma signs 5-year extension to continue run as UConn women's basketball coach
- Man's body with barbell attached to leg found in waters off popular Greek beach
- R&B superstar Chris Brown spends Saturday night at Peoria, Illinois bowling alley
- Mean Girls’ Lacey Chabert Details “Full Circle” Reunion With Lindsay Lohan and Amanda Seyfried
- Dallas Stars' Joe Pavelski, top US-born playoff goal scorer, won't play in NHL next season
- North Carolina legislators advance schedule mandates amid college sports uncertainty
- Family of Minnesota man killed by police criticize local officials and seek federal intervention
- Powerball winning numbers for November 11 drawing: Jackpot hits $103 million
- Gold and gunfire: Italian artist Cattelan’s latest satirical work is a bullet-riddled golden wall
Ranking
- Five best fits for Alex Bregman: Will Astros homegrown star leave as free agent?
- Patrick Mahomes and Brittany Mahomes' Newest Family Addition Will Have You Egg-Static
- Men's College World Series championship odds: Tennessee remains the favorite
- MLB will face a reckoning on gambling. Tucupita Marcano's lifetime ban is just the beginning.
- Atmospheric river to bring heavy snow, rain to Northwest this week
- Stewart has 33 points and 14 rebounds, Angel Reese ejected as the Liberty beat the Sky 88-75
- Prisoner dies 12 days after Pennsylvania judge granted compassionate release for health reasons
- Zac Brown's Ex Kelly Yazdi Slams His Ill-Fated Quest to Silence Her Amid Divorce
Recommendation
-
Wicked's Ethan Slater Shares How Ariana Grande and Cynthia Erivo Set the Tone on Set
-
Halsey releases new single 'The End' detailing secret health battle: 'I'm lucky to be alive'
-
Dolly Parton says she wants to appear in Jennifer Aniston's '9 to 5' remake
-
Montanans vote in Senate primaries as competitive general election looms
-
Oprah Winfrey Addresses Claim She Was Paid $1 Million by Kamala Harris' Campaign
-
When does 'Love Island UK' Season 11 release in the US? Premiere date, cast, where to watch
-
Carrie Underwood Shares Glimpse at Best Day With 5-Year-Old Son Jacob
-
Zac Brown's Ex Kelly Yazdi Slams His Ill-Fated Quest to Silence Her Amid Divorce