ATLANTA (AP) — County commissioners in Georgia’s most populous county won the right to turn down political party nominees for election board positions, according to a Friday ruling from a state appeals court that may reduce Republican challenges to election oversight in areas with Democratic majorities.
The Georgia Court of Appeals determined that although Fulton County’s elected officials must select two county election board members from candidates submitted by the local Republican Party, county commissioners retain the authority to decline those nominations and request alternative options.
Last year, the Democratic-controlled Fulton County Commission rejected Republican candidates Julie Adams and Jason Frazier, claiming their conduct rendered them unfit for service. Following a lawsuit from the county’s Republican Party, a lower court judge commanded commissioners to approve Adams and Frazier, later holding the board in contempt when they declined. Friday’s decision eliminates the county’s obligation to pay a daily contempt penalty of $10,000 that had been suspended during the appeal process.
Writing for the unanimous three-judge panel, Presiding Judge Anne Barnes stated that while commissioners must select from Republican nominees, they “were acting within their own lawful and discretionary authority when they declined to seat” the party’s selections. Barnes indicated the remedy would be for Republicans to provide new candidates.
The state Supreme Court could hear a Republican appeal, though justices aren’t required to accept the case. Legal counsel for the county Republican Party hasn’t yet responded to inquiries about potential further appeals.
Fulton County’s five-member election board consists of a chairperson chosen by commissioners plus two nominees from both the Republican and Democratic county parties, who must then receive commissioner approval. Candidates must reside in Fulton County, maintain voter registration, and cannot currently hold office or be running for public positions.
Adams has held her election board position since February 2024. She declined to certify primary election outcomes last year and filed an unsuccessful lawsuit against the election board seeking authorization for county officials to reject election certifications. Frazier has formally contested the voting eligibility of thousands of Fulton County residents. Both individuals play significant roles in a Republican movement that continues questioning Donald Trump’s 2020 Georgia defeat and advocating for election procedure modifications.
While Adams’ term ended in June, she continues serving until either she or a successor receives appointment to her position. The second Republican seat remains unfilled.
Frazier argued the decision grants excessive power to Democratic commissioners to compel Republicans to nominate candidates favored by Democrats.
“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!!!!!!!!!” Frazier posted on social media.
Fulton County Commissioner Dana Barrett, a Democrat who highlights her opposition to seating Adams and Frazier in her current campaign for Georgia secretary of state, celebrated the decision against appointing the “MAGA extremists.”
“The contempt charges, the fines, the threats of jail time — all overturned by today’s ruling,” Barrett stated. “This is a huge win for Georgia voters and a win for free, fair, and secure elections.”
Since most Georgia election boards follow Fulton County’s appointment structure, Friday’s decision could enable county commissions statewide to reject political party nominees they oppose. In metropolitan Atlanta, this might allow Democratic county commissioners to turn away Republican activists who claim Democratic counties mismanage elections, while potentially reducing Democratic representation on election boards in Republican-controlled areas.
A 2018 state Supreme Court decision had previously limited parties’ ability to automatically secure election board placements.
During 2024, Cherokee County, a heavily Republican Atlanta suburb, initially considered appointing just one Democrat to its five-member election board. After rejecting that approach, commissioners selected a Democrat unfamiliar to county Democratic Party leadership rather than the party’s official nominee.
