On June 24, a Georgia court dismissed seven of nine claims in a Fulton County election case, but let two to go through that require the county to submit digital photos of 150,000 mail-in votes at the focus of plaintiffs’ allegations of 2020 presidential election fraud.
Due to sovereign immunity provisions, Henry County Superior Court Chief Judge Brian Amero determined that the lawsuit’s respondents—Fulton County, Fulton County Board of Registration and Elections, and Fulton County Clerk of Superior and Magistrate Courts—could not be named as defendants. Amero, on the other hand, granted the plaintiffs’ request to add five identified individual members.
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The Atlanta Journal-Constitution quoted Don Samuel, an attorney for the Fulton County elections board, as saying that the rest of the complaint would be dropped. He further stated that because of Amero’s decision, the plaintiffs will not be able to scrutinize absentee votes with high-powered microscopes as they had planned.
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Samuel informed the outlet, “That litigation is ended.” “Will there be an audit?” says the narrator. Right present, no… There’s no way to find out what’s going on. There is no longer a litigation pending.”
Garland Favorito, the principal plaintiff in the lawsuit, said in a statement that he saw Amero’s order as a victory.
“We are glad that the court has again ruled in our favor. This is the fifth time the court has done so. The ruling substitutes Defendants by substituting individual board members we listed in our action for the already named government bodies. Don Samuels’ attempt to dismiss our case is similarly moot. This is the latest in a long line of triumphs for us, including the original protective order, conditional approval to check ballots, access to ballot images, and the order to unseal the ballots,” he explained.
According to Just the News, Bob Cheeley, the primary attorney for two of the petitioners, believes the verdict will allow the complainants to “get an audit and get to the truth.”
He stated, “This is a significant victory for everyone who wants to know the truth about how Fulton County bungled the absentee ballot count.”
Last month, Amero ruled in favor of the plaintiffs in the case, ordering Fulton County to enable the group led by Favorito to inspect scanned images of 147,000 mail-in ballots.
If the judge approves the examination, Cheeley said in court recently that the examiners will use “high-powered microscopes.”
If approved, the audit would be one of the country’s major independent evaluations after the 2020 election.
This article was co-written by Zachary Stieber.