Fulton County commissioners in court over GOP seats on Election Board

The legal battle regarding appointments to the Election Board is the latest in ongoing tensions over elections in Fulton, Georgia’s most populous county, which has been the target of unproven allegations of fraud since the 2020 presidential election.

Ahead of the hearing, Emerson requested the commission provide him with agendas and minutes for any meetings held since his mid-August order requiring the board to appoint the two GOP nominees at their next gathering.

The legal dispute began in June after the Fulton GOP filed a lawsuit to compel commissioners to accept the nominations of Julie Adams and Jason Frazier after the Democratic-controlled commission rejected them in a 5-2 vote in May, questioning their qualifications for the board.

Emerson ruled in early August that state law requires the commission to approve the GOP nominations. The commission appealed the lawsuit, but their request to temporarily pause Emerson’s order was denied by the Georgia Court of Appeals.

But Democratic Commissioners Mo Ivory and Dana Barrett, who refused to approve Adams and Frazier last week, said they stand behind their votes even if it means jail time or fines.

They told The Atlanta Journal-Constitution both nominees are unqualified for a seat on the board, citing their past actions questioning election results and registrations.

Credit: Ben Gray

Credit: Ben Gray

“They both have long track records of behavior and actions that are aimed at undermining elections,” Barrett said.

Adams, an incumbent board member, voted against certifying last year’s primary election, and Frazier has challenged thousands of voter registrations in the heavily Democratic county.

Regardless of the court order, Ivory said how she and other members of the County Commission vote is discretionary, not mandatory.

“The law says the commission shall appoint members from nominations made by political parties, not that parties can force through any nominee,” she said.

Secretary of State Brad Raffensperger, Georgia’s top election official, criticized the commissioners for their votes against the GOP nominees.

“Defiance of the rule of law may seem like good politics to some, but it is reckless,” he said in a statement. “Court orders are not optional — they must be followed. Our Republic depends on adherence to the rule of law.”

This isn’t the first time the county Republican Party has filed a lawsuit over Election Board appointments.

They also sued in 2023 after the commission rejected Frazier’s nomination. The party later withdrew the lawsuit after nominating a different Election Board member.

The nominees also have a history of election-related legal disputes themselves.

Adams and several other Republican Election Board members across the state refused to certify results following President Donald Trump’s loss in the 2020 election, although all of them signed off on Trump’s 2024 victory following a court decision that certification is mandatory.

The lead plaintiff in the lawsuit challenging election certification was Adams.

Credit: Arvin Temkar/AJC

Credit: Arvin Temkar/AJC

And last year in August, Frazier sued the county Election Board, alleging Fulton violated state and federal laws by refusing to routinely remove ineligible voters from its rolls. He also said the county illegally failed to act on voter challenges in a timely manner.

Frazier withdrew the federal lawsuit a month later.

The Fulton County Democratic Party has called on supporters to show up to the courtroom Wednesday and urged them to write letters to the editors of local news publications “connecting this issue to voters’ rights and trust in democracy.”

Barrett said she’s happy to have people turn out and voice their opinions.

“That’s what democracy is all about,” she said.

Barrett and Ivory scheduled a news conference on the steps of the courthouse before the hearing Wednesday morning.