Republican nominees lose fight to sit on Fulton election board

“We conclude that when the local law speaks of the commissioners’ power to ‘appoint,’ it contemplates the exercise of that well-established power as a discretionary one not subject to direction by the courts in the absence of gross abuse, which cannot be found here,” the appeals court said.

A county spokesperson said the county is pleased with the decision that recognizes commissioners’ discretion when making appointments.

“We look forward to receiving more suitable nominees from the Fulton County Republican Party, with individuals committed to upholding the constitutional right to vote, rather than interfering in the lawful elections process,” the spokesperson said.

Adams, Frazier and lawyers for the Fulton County Republican Party did not immediately respond to inquiries about the decision.

In a public social media post, Frazier said “the Dems” on the board of commissioners “can essentially pick” all of the election board members if the decision stands.

In its ruling, the appeals court said Emerson wrongly concluded state law doesn’t give county commissioners any discretion in appointing eligible election board members nominated by political parties.

County records show some of the commissioners did not want Adams, an incumbent, on the board because she voted against certifying presidential primary election results in 2024 and was involved in lawsuits challenging those results.

Frazier was an unpopular choice among some commissioners because he lodged thousands of voter registration challenges in Fulton, a Democratic stronghold.

Credit: arvin.temkar@ajc.com

Credit: arvin.temkar@ajc.com

The court case was initiated by the Fulton County Republican Party after the Democratic-controlled commission declined to appoint Adams and Frazier to the election board in May.

The political party sought and was granted an order forcing the commissioners to seat its nominees.

When the commissioners still refused to appoint Adams and Frazier, Emerson held them in civil contempt.

At a September meeting, the commissioners voted along party lines to table the Republican nominations while they appealed Emerson’s orders.

The appeals court said it cannot interfere in the commissioners’ appointment of nominees unless there is a gross abuse of discretion by the commissioners.

It said the Fulton County Republican Party can submit new nominees for the commissioners’ approval.

The political organization can now ask the Georgia Supreme Court to review the case.