A Georgia judge heard arguments on Monday over whether to dismiss a lingering 2020 election fraud lawsuit in the state’s most populous county with an inspection of close to 150,000 absentee ballots hanging in the balance.
Attorneys for Fulton County officials spoke against the case claiming the court lacked jurisdiction, the state holds sovereign immunity, opponents presented a lack of evidence in the monthslong contest, and that there was no dispute of one’s voting rights in the present or future.
These arguments clashed with the legal team for the plaintiffs who argued fraud led to a violation of their constitutional rights and relief from the courts is needed to combat fraud in upcoming elections.
Henry County Superior Court Chief Judge Brian Amero said Monday he needs time to “review and think about [the case], so that’s what I’m going to do, is take it under advisement.”
If the case moves forward, a review of Fulton County absentee ballots could commence under guidelines set by Amero. The judge previously ordered on May 24 to unseal scanned images of 147,000 absentee ballots for inspection but placed the ballot inspection on hold while considering a case dismissal.
GEORGIA SECRETARY OF STATE REMOVES 100,000 ‘OUTDATED’ VOTER FILES
NEW: Judge Amero says he’s not ruling today in Fulton inspection case, in part bc a flurry of last-minute filings.
“I’ll try to get an order as quickly as I can. I feel the need to ruminate a little bit, to really understand a couple of the points that have been made.” #gapol
— stephen fowler (@stphnfwlr) June 21, 2021
Garland Favorito, co-founder of the group VoterGA and a lead plaintiff in the case, said he viewed Monday’s hearing as a “positive” step for the lawsuit.
“I can’t speak for all plaintiffs but yes, positive for us,” he told the Washington Examiner. “Everything went exactly as we expected it to go today. They made the exact arguments that we expected that they would make.”
A recent report by an independent observer of the county’s election said no evidence of fraud was found in the November 2020 race. Still, it noted several parts of the process were handled in a disorganized manner, with problems such as malfunctioning machines, multiple chains of custody issues, and insufficient training for workers.
President Joe Biden won Georgia by roughly 12,000 votes, a tally affirmed in multiple recounts and certified by the state, prompting judges to turn away legal challenges to the results. This lingering suit’s audit would not change the outcome of the contest.
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The Washington Examiner contacted members of the Fulton County Elections Board but did not immediately receive a response.

