Lawsuit seeking power to not certify Georgia elections is dismissed

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.

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 McBurney noted in his ruling that the requirements very plainly state that any such complaint must be brought against the state or local government.

However, McBurney noted, that does not mean this fight is necessarily over.