Attorneys for Fulton County, Georgia, asked a state court to dismiss a complaint filed against the county in which petitioners sought to unseal 2020 election absentee ballots in search of fraud.
The motion to dismiss, which was filed on Wednesday, argued Garland Favorito and the other plaintiffs never served the county and that the Superior Court of Fulton County lacks jurisdiction in the case.
Attorneys also argued that Fulton County is not a proper party to the case.
JUDGE RULES ABSENTEE BALLOTS FROM FULTON COUNTY CAN BE UNSEALED FOR FRAUD EXAMINATION
“It is an improper party because it is not the final policymaker with control over elections,” the motion said. “The Elections Code states that where there is a board of elections, that entity acts as a superintendent and conducts elections and primaries.”
Last Friday, Superior Court Judge Brian Amero ruled in favor of the plaintiffs’ complaint, which seeks a declaratory judgment ruling that the county violated Georgia’s due process and equal protection clauses with respect to 2020 absentee ballot tabulation, according to a summary in Wednesday’s motion to dismiss.
Democratic Fulton County Commission Chairman Robb Pitts criticized the ballot review following Amero’s ruling.
“It is outrageous that Fulton County continues to be a target of those who cannot accept the results from last year’s election,” Pitts said, according to the Atlanta Journal-Constitution. “The votes have been counted multiple times, including a hand recount, and no evidence of fraud has been found.”
Georgia Secretary of State Brad Raffensperger suggested the plaintiffs’ complaint was appropriate and criticized the county for its past handling of elections.
“From day one I have encouraged Georgians with concerns about the election in their counties to pursue those claims through legal avenues,” he told the Washington Examiner in a statement Friday. “Fulton County has a long-standing history of election mismanagement that has understandably weakened voters’ faith in its system. Allowing this audit provides another layer of transparency and citizen engagement.”
The ruling and any prospective findings cannot change 2020 election results in Fulton County, as they have been certified and confirmed with recounts, the Atlanta Journal-Constitution reported.
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The Fulton County attorney’s office declined to discuss the case, telling the Washington Examiner that it does not discuss pending litigation.