Georgia Court of Appeals is housed within the Nathan Deal Judicial Center. John McCosh/Georgia Recorder
Georgia’s Court of Appeals has overturned a trial court’s ruling ordering the Fulton County Board of Commissioners to seat two conservative election activists on the county election board or face daily fines.
In May, Democrats on the board had rejected two Republican Party nominees, Julie Adams and Jason Frazier, citing concerns about both individuals’ past actions and arguing that they were not qualified for the position.
Judge calls for daily fines after Fulton County panel refuses to seat GOP picks for election board
But the Fulton County GOP filed a lawsuit arguing that the commissioners were required to approve the party’s nominees as long as they met basic required standards like living in the county, being a registered voter and not being an elected official.
In an August ruling, Fulton County Senior Superior Court Judge David Emerson sided with the Republican Party, holding the commission in civil contempt of court and imposing fines of $10,000 per day until the board agreed to approve Adams and Frazier’s appointments. The fines were put on hold while the board appealed the ruling.
But a three-judge panel on the Court of Appeals overturned the ruling Friday, with Judge Anne Barnes writing that the commissioners “were exercising their constitutional prerogative to exercise their judgment as to these appointments on behalf of the people who elected them.”
The panel’s two other judges concurred. The ruling also overturned the contempt charge.
Dana Barrett, a Fulton County Commissioner, applauded the appeals court’s ruling.
“When we fight back, we win,” said Barrett, a Democrat who is running for secretary of state. “That’s exactly what happened today. The contempt charges, the fines, the threats of jail time — all overturned by today’s ruling. This is a huge win for Georgia voters and a win for free, fair, and secure elections.”
The chair of the Fulton County Republican Party, which filed the lawsuit against the commission, did not immediately respond to a request for comment.
An incumbent elections board member who is up for reappointment, Adams previously refused to certify the results of the 2024 primary until Fulton County Superior Court Judge Robert McBurney ruled that she was required to do so. Frazier, a right-wing activist, has challenged the voter registrations of tens of thousands of Georgia residents, and was one of the main proponents of a series of last-minute State Election Board rule changes in 2024, some of which were ultimately struck down by the state Supreme Court.
Read the full ruling below:
FULTON COUNTY BOARD OF COMMISSIONERS v. FULTON COUNTY REPUBLICAN PARTY
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