The Federalist If nothing comes of Fulton County’s admission, the implication will be that election laws can be treated as optional rather than binding.
Fulton County, Georgia, recently made an admission that should have commanded national attention. During a hearing before the Georgia State Election Board, county officials acknowledged that approximately 315,000 early ballots cast in the 2020 presidential election were unlawfully certified yet were nonetheless included in Georgia’s final, official results, in a race Joe Biden was officially declared to have won by just 11,779 votes.
The admission arose from a challenge filed by David Cross, an election integrity activist, who alleged that Fulton County violated Georgia election law in its handling of early voting. Under state statute, each ballot scanner is required to produce tabulation tapes at the close of voting, and poll workers must sign those tapes to certify the reported totals. These signed tapes are not merely an administrative safeguard. They are central to determining whether the vote count itself is legitimate.
The tapes certify that each machine began the day at zero, that no residual data from prior elections or test runs remained on the memory cards, and that the final totals were fixed the moment voting closed. Without signed tabulation tapes, there is no verifiable starting point and no verifiable endpoint. In legal terms, there is no verified election result. Yet in Fulton County, hundreds of thousands of early votes that were never lawfully certified were still included in the official totals.
Once Fulton County transmitted its early voting totals to the state, the responsibility shifted to Georgia Secretary of State Brad Raffensperger. He had a duty to ensure the results were properly certified and above board. Yet his office accepted Fulton County’s numbers on trust and included them in Georgia’s official results without verifying that the required procedures had been followed. This is especially important in light of the events that followed the 2020 election, particularly President Trump’s challenge to Raffensperger.
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