Georgia appeals court rules election boards must certify results

The decision confirms a Fulton County judge’s ruling last October that election boards have a duty to approve the votes of the people.

“This decision is a win for Georgia voters, the rule of law and the integrity of Georgia’s elections,” said Kathleen Hamill of the Georgia Task Force for Democracy, an offshoot of the American Bar Association’s efforts to bolster elections. “Going in to the 2026 elections, this decision is yet another reason that Georgia voters can have confidence that their votes count and their voices matter.”

At least 19 election board members across the state — almost all Republicans — refused to certify elections from 2020 to 2024, although every election board member signed off on President Donald Trump’s undisputed win in Georgia.

Certifying elections is a critical step in the elections process to approve results a week after Election Day, even if there are errors or imperfections. Only after certification can losing candidates contest their defeats in court or seek recounts. If results change, the process allows election boards to recertify results with updated numbers.

The plaintiff in the case, Republican Fulton County election board member Julie Adams, argued she could choose not to certify election results and that she was entitled to an extensive review of election records. She didn’t certify last year’s primaries but approved the general election.

Election board members are limited to an examination of documents outlined in state law, and they can report concerns to the authorities, the appeals court wrote in its 11-page decision.

“However, these concerns are not a basis … to partially or entirely refuse to certify election results by the deadline,” wrote Judge Trae Pipkin for the appeals panel.

Adams didn’t respond to a message seeking comment. The America First Policy Institute, a group that supported the lawsuit and backs the Trump administration, declined to comment Monday.

The appeals court repeatedly cited the Georgia Supreme Court’s decision last month that found the State Election Board exceeded its authority when it attempted to pass new rules, including a hand count of ballots and a “reasonable inquiry” before certifying results.

Georgia’s certification law is mandatory and uses the word “shall” seven times, the appeals court said.

The court case could result in even less access to election documents by election boards in the future.

The appellate judges noted that state law only allows boards to conduct a document review prior to certifying when the number of votes is greater than the number of voters or ballots cast. The ruling sent the question of what documents can be reviewed back to a lower court judge for adjudication.