Delay in alleged ballot fraud case continues
News June 22, 2021ELLIJAY, Ga – On June 20, the Fulton County alleged ballot audit case continued with Henry County Superior Court Judge Brian Amero hearing motions to dismiss.
Amero didn’t issue a ruling on Monday citing a need for more time to consider the motions. He needs to decide who is the responsible party for the lawsuit. VoterGa.org and plaintiff Garland Favorito believes it will take Amero a couple of weeks to decide how to move forward.
On January 1, a new law went into effect concerning sovereign immunity, which deals with the question of “who to sue.” The new amendment made it easier to sue individuals and groups in their official capacity.
Fulton County attorneys argued since the alleged incident took place before January 1, the case should be thrown out.
Additionally, the board of elections and the county are both trying to get out of the lawsuit by placing responsibility on the other party’s shoulder. It’s likely if the case moves forward Fulton County will remain in the suit and possibly the board of elections individuals, according to Favorito.
Previously, the judge ordered the unsealing of the ballots in Fulton County but halted the process when the motion to dismiss was filed. The order is still valid. Favorito expects the audit to go forward in August.
The Clerk of Court currently has custody of the ballots and Amero has informed Fulton County Sheriff’s Office that they’re responsible for ballot security. Some Henry County deputies are also involved in security measures. The warehouse is controlled by the Fulton County Board of Elections.
The complaint suit was adjusted by the plaintiffs to address the management of future elections.
Georgia election officials have continually denied any massive fraud in the state. Three separate recounts were conducted. The Secretary of State’s Office is in the middle of investigating over 100 election fraud cases.
Motion to dismiss delays Georgia’s ballot fraud lawsuit
News, Politics May 28, 2021ELLIJAY. Ga – Fulton County filed a motion to dismiss the election integrity lawsuit. Henry County Superior Court Judge Brian Amero issued a motion to stay in the case until he could rule on it.
Friday, May 28, was originally the day plaintiffs’ and Fulton County’s council convened to decide a process for reviewing the unsealed November 2020 election absentee ballots. However, Fulton County’s motion to dismiss resulted in a delay of the case until June 21.
Plaintiff Garland Favorito, of VoterGa.org, explained that Fulton County’s attempting to get out of the lawsuit and place the case solely on the shoulders of Fulton’s Board of Elections and Registration. VoterGa.org originally sued the board of registration and elections, but the court added Fulton County to the suit. Amero’s interpretation of Georgia’s new sovereign immunity law in such a way that the county would need to be included.
Fulton County’s hired the law firm Garland, Samuel, and Loeb to represent it. The firm specializes in three areas criminal, personal injury, and business litigation.
Favorito commented that the new motion “doesn’t appear to have a ton of validity” and is hopeful the judge will throw it out at the next hearing. His group is currently working on their response.
As for the Department of Justice becoming involved, Favorito doesn’t believe the federal government will intervene with the state’s case.
Secretary of State Brad Raffensperger (R) has gone on record supporting legal investigations into election integrity while condemning corruption in Fulton County. His office has also filed an amicus brief in this case, trying to protect voter’s rights, but Judge Amero decided to unseal the ballots anyway.
Favorito added the plan to review the ballots will probably continue after July 4 unless Judge Amero dismisses the case.