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Fulton County, GA Says It ‘Has No Control Over Its Elections’ In Motion To Dismiss Election Audit Case

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Fulton County Courthouse, Atlanta, GA
Image by Warren LeMay

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In three filings today in the election fraud case making its way through court in Fulton County, GA, attorneys declared the county has ‘no control over its elections’ in a bit to stop the election audit that was scheduled to begin tomorrow, when county employees were to discuss how to implement the court-ordered scan of 147k mail-in ballots at 600 dpi, enough resolution to detect fraud. The case is being heard by Judge Amero in Henry County, GA.

Today Judge Amero delayed the audit pending a hearing on the motions filed.

In a hearing on May 21st, CDMedia reported Fulton County attorneys also stated ‘the county has no control over its elections’.

Below are excerpts from the motions, which can be found on tabs below in PDF format:

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III. PETITONERS CLAIMS AGAINST FULTON COUNTY ARE BARRED BECAUSE FULTON COUNTY HAS NO CONTROL OVER ELECTIONS.

With respect to Fulton County, it is an improper party because it is not the final
policymaker with control over elections. The Elections Code states that where there is a board of
elections, that entity acts as a superintendent and conducts elections and primaries. O.C.G.A. §§
21-2-2(35); 21-2-70. Interpreting the Elections Code, courts have confirmed that a board
of elections is “vested with broad powers to manage the conduct of elections on behalf of the
state” and that the County has little management control. See Casey v. Clayton County, 2007 WL
788943…

…In Casey, the Court also noted that although the Clayton Commission was granted budgetary
control in regards to its board of elections, the court questioned the true extent of the county’s
budgetary authority in light of state obligations regarding the conduct of elections.

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