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Georgia Court Says Democrats Can Ignore Republican Election Board Members
The Federalist ^ | March 26, 2026 | Mark Davis

Posted on 03/27/2026 7:07:12 AM PDT by Twotone

On March 20, the Georgia Court of Appeals delivered a staggering blow to the principle of bipartisan election oversight. In Fulton County Board of Commissioners v. Fulton County Republican Party, the court effectively granted the board’s partisan majority broad discretion to reject GOP nominees.

By reversing a lower court’s order to seat duly nominated Republican Board of Registration and Elections members, the court hasn’t just sided with the Fulton County Board of Commissioners, it has undermined the very safeguards meant to ensure genuine bipartisanship in Georgia’s largest county. A Defiant Pattern

This crisis is the result of a sustained campaign by Fulton’s Democratic majority to gatekeep the membership of the board. In May 2025, the board of commissioners escalated their longstanding battle with the GOP by rejecting Fulton County Republican Party nominees Julie Adams and Jason Frazier.

By August 2025, Superior Court Judge David Emerson ordered the county to seat them and, in a follow-on ruling, imposed a $10,000-a-day contempt fine — paid by taxpayers — for refusal to comply. Emerson stated in his contempt ruling that the commissioners had been “stubbornly litigious and acted in bad faith” by ignoring clear local law.

The Democrat-majority Fulton board of commissioners still refused, turning the fine into a taxpayer-funded blockade — until this latest ruling reversed both the order and the fine. Finding a Loophole

The loophole the commissioners sought has been handed to them. Presiding Judge Anne Barnes held that the board’s power to “appoint” is inherently discretionary. The court ruled that even though the local law says the governing authority “shall” make appointments from party nominations, the act of appointing is “inherently discretionary.” The commissioners therefore retain the right to exercise judgment when deciding whether to accept particular nominees. Judges should not interfere with that discretion unless the commissioners’ decision amounts to a gross abuse of discretion — that is, unless their action was arbitrary, capricious, and unreasonable.

In a statement, Georgia Republican Party Chairman Josh McKoon characterized the ruling as “Predictable but outrageous,” adding: “The Georgia Court of Appeals just handed Fulton County Democrats a veto pen over Republican nominations to the Board of Elections. ‘Shall appoint from nominations made by the party’ apparently now means ‘unless we don’t like them.’

As nominee Frazier warned, “If this holds, the Dems on the Fulton County Board of Commissioners can essentially pick their Dem Board of Elections Members, The Chair AND THE REPUBLICANS.”

Nominee Adams is currently the Fulton County Board of Registration and Elections’ only Republican member. Her term has expired, but she remains in holdover status until she or a successor is seated.

In a written statement she said, “This action destroys parity — the bipartisan balance that protects election integrity — by granting one party unchecked control over election oversight. It erodes public trust, as citizens inevitably see bias even where none exists. And it sets a dangerous precedent, signaling to other metro counties that political power, not fairness, governs who oversees elections.” The Implications: A Blueprint for Bias

This decision creates a dangerous “new normal” for Georgia. If one party can block the other’s nominees until they find someone “compliant” enough, the bipartisan balance the legislature intended to provide confidence and trust in our elections is all but dead.

It also creates a blueprint for suppression. Other counties now have a roadmap to silence dissenting voices and turn county boards of registration and elections into echo chambers. Outspoken nominees who challenge legitimate voter roll issues or processes, or insist on genuine accountability prior to certification, can be disqualified by their political opponents before they even take their seat. A Call to Action

The court of appeals created a loophole big enough to drive a truck through. Focus now turns to whether the decision will be appealed — and how long that might take.

Fulton County GOP Chair Stephanie Endres tells me the party is considering their options.

Meanwhile, lawmakers must clarify that under O.C.G.A. § 21-2-40, “shall appoint” creates a ministerial duty, not discretionary choice. The General Assembly needs to make clear that the governing board cannot refuse to seat a nominee if he or she meets statutory qualifications.

Victor Anderson, chairman of the House Government Affairs Committee, tells me the General Assembly is exploring ways, in this session, to strengthen and clarify the law on board appointments.


TOPICS: Government; News/Current Events; Politics/Elections; US: Georgia
KEYWORDS: electionboard; georgia

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1 posted on 03/27/2026 7:07:12 AM PDT by Twotone
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To: Twotone
Pitch forks and torches.

Tar and feathers.

2 posted on 03/27/2026 7:08:04 AM PDT by Rocky Mountain Wild Turkey ("I have an open mind ... just not so open that my brain falls out onto the floor!!")
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To: Twotone

Fulton county is, in general, problematic. There is no way it would ever lean right, so I don’t understand the fuss here.


3 posted on 03/27/2026 7:12:05 AM PDT by GingisK
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To: Twotone

I trust that the Republican majority in the legislature will change the law. That should be a given, shouldn’t it?!?!?


4 posted on 03/27/2026 7:12:38 AM PDT by amnestynone (We are asked by people who do not tolerate us to tolerate the intolerable in the name of tolerance.)
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To: amnestynone

Idk…GOP congress wont pass a bill that practically guarantees them majorities and victories for years to come so…. Who knows


5 posted on 03/27/2026 7:15:06 AM PDT by MrRelevant
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To: Twotone
Standard Operating Procedure:


6 posted on 03/27/2026 7:19:36 AM PDT by rlmorel (Factio Communistica Sinensis Delenda Est)
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To: rlmorel

That was m maddening!! And nobody did anything about it.


7 posted on 03/27/2026 7:22:02 AM PDT by MayflowerMadam ( "Trouble knocked at the door, but, hearing laughter, hurried away". - B. Franklin)
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To: GingisK

The problem is that Fulton county cheating on statewide elections will ensure Democrat victories even when the majority of Georgians would have preferred a Republican.


8 posted on 03/27/2026 7:23:47 AM PDT by Pres Raygun (Repent America!)
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To: MayflowerMadam

I felt the same way. I get angry about things, but that infuriated me.

And they didn’t care. As if they KNEW they were immune.


9 posted on 03/27/2026 7:24:18 AM PDT by rlmorel (Factio Communistica Sinensis Delenda Est)
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To: GingisK

Fulton county is, in general, problematic. There is no way it would ever lean right, so I don’t understand the fuss here.


In elections that only affect Fulton county, you’re right. But in state and Federal elections Fulton County shenanigans can affect the outcome that Republicans are right to ‘fuss’ about.


10 posted on 03/27/2026 7:25:48 AM PDT by hanamizu
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To: Twotone

Time for the Federal Government to oversee elections. Better yet, ban the Democratic Party as a threst to the Republic.


11 posted on 03/27/2026 7:27:08 AM PDT by Dogbert41 (“Blessed are the peacemakers, for they will be called children of God” -Matthew 5:9)
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To: Rocky Mountain Wild Turkey

There never was a political solution


12 posted on 03/27/2026 7:30:12 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: Twotone

I assume this will be appealed to the Georgia Supreme Court.


13 posted on 03/27/2026 7:32:32 AM PDT by FLT-bird
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To: Twotone

Since counties are not sovereign - only states are - if the state supreme court does not overturn this, then the Republican state legislature in Georgia needs to rewrite the law and take over. You can’t allow corrupt political machines to carve out fiefdoms in which no oversight is allowed.


14 posted on 03/27/2026 7:34:07 AM PDT by FLT-bird
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To: Twotone

...It’s who counts the votes.

Stalin


15 posted on 03/27/2026 7:37:07 AM PDT by sasquatch (Do NOT forget Ashli Babbit! c/o piytar)
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To: Twotone

Fulton county Georgia must be the most corrupt Democrat county in the country.


16 posted on 03/27/2026 7:37:28 AM PDT by Ronald77 ( )
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To: amnestynone

No


17 posted on 03/27/2026 7:38:15 AM PDT by Ronald77 ( )
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To: Twotone

I’ve lived in Metro Atlanta for40 years. Fulton County and DeKalb have always been the problem children. This reason is well...you know.


18 posted on 03/27/2026 7:44:04 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Pres Raygun; hanamizu
...Fulton county cheating on statewide elections...

Fulton county will poison statewide elections with or without cheating. The numbers will be same in any case.

19 posted on 03/27/2026 7:49:26 AM PDT by GingisK
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To: GingisK

Fulton county will poison statewide elections with or without cheating.


But without cheating there will be less poison.
Atlanta/Fulton Co: Georgia ≠ Chicago/Cook Co: Illinois.


20 posted on 03/27/2026 7:58:25 AM PDT by hanamizu
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