In a controversial move, attorneys representing Fulton County, Georgia, argued Monday for lifting a temporary injunction that currently preserves the 2020 election ballots. If granted, this would allow the destruction of the ballots before they can be unsealed, copied, and made available to the public.
This move is despite a recent Georgia Supreme Court ruling that confirmed the plaintiffs' standing to inspect and copy the ballots. The development was first reported by VoterGA, a non-partisan organization advocating for election integrity in Georgia.
Attorney Laura Moore, representing Fulton Superior Court Clerk Che Alexander, argued that there is no longer secure storage available for the ballots. However, Moore failed to mention that Fulton County has recently opened a new 60,000 sq. ft. Election Operations warehouse, costing nearly $30 million initially, with an additional $4 million annual lease, according to VoterGA.
Attorney Kaye Burwell further argued that the county should receive attorney fees, labeling the plaintiffs’ claims as “meritless,” despite multiple court rulings favoring the plaintiffs. These rulings include:
- A temporary injunction to preserve all ballots (January 7, 2021)
- An order to produce scanned absentee ballot images (April 16, 2021)
- An order upholding two Open Records Request claims (April 20, 2021)
- A motion granted to add the county and clerk as defendants (April 21, 2021)
- An order to unseal the ballots for inspection and copying (May 21, 2021)
- An order granting petitioners’ motion to add parties (June 24, 2021)
- A Georgia Supreme Court order confirming plaintiffs’ standing (December 12, 2022)
- An appeals court adoption of the higher order for Fulton plaintiffs (May 11, 2023)
Lead plaintiff Garland Favorito criticized the county’s attorneys for their arguments, describing them as dishonest and indicative of ongoing corruption in Fulton County that threatens voter rights.
Judge Robert McBurney is expected to rule soon on the motions for attorney fees, the temporary injunction for the ballots, and a plaintiff motion to substitute defendants with new members of the Fulton County Election Board.
VoterGA is a non-partisan, nonprofit organization focused on ensuring election integrity in Georgia through independently verifiable, auditable, recount-capable, transparent, and tamper-proof elections.
Read the press release here.
