A Georgia appeals court has handed the Georgia counterfeit ballot case in Fulton County back to the lower court that made the original judgment. The case involves ballots, which were never folded (Which is impossible with mail-in ballots), and ballots that appeared to be filled out by a machine rather than by real people. The ruling gives citizens, taxpayers, and residents standing to sue the government officials or agencies who violate Georgia law.
The far left Atlanta Journal Constitution reported on this development today.
The Georgia Court of Appeals on Thursday revived a lawsuit by election skeptics who want to search for fraudulent ballots from the 2020 presidential race two and a half years after it was decided.
The appellate court sent the case back to a judge to decide whether to allow an outside review of Fulton County’s 147,000 original absentee ballots…
The lead plaintiff in the case, Garland Favorito of the group VoterGA, said he hopes to finally be able to find suspicious-looking ballots — with perfectly filled-in ovals and a lack of fold marks — that Republican vote-counters said they saw during a statewide audit.
The Georgia Court of Appeals has issued an order remanding the Fulton County counterfeit ballot case back to the Superior Court for all Fulton County petitioners. The order comes over four months after the Georgia Supreme Court upheld standing in its December 20, 2022 ruling for the Favorito et al v. Wan et al and Jeffords et al v. Fulton County cases. That decision was based on the court’s previous ruling that unanimously found Georgia citizens, taxpayers and residents, including voters, always had standing to sue government officials or agencies who violate Georgia law.
The Court of Appeals decision to remand the cases applies only to petitioners who are resident in Fulton County. Petitioners Favorito, Terris and Peck will continue on their case while Caroline Jeffords will continue as the lone petitioner in her case. The remaining five Georgia petitioners could appeal their ruling to the Georgia Supreme Court if they choose, given that they were impacted by a statewide race. It seems unlikely that would happen though.
Superior Court Judge Brian Amero had previously dismissed the case in October 2021 based on the legal principle of standing, finding that the plaintiffs hadn’t suffered a specific injury that would give them a right to sue.
But the Court of Appeals vacated Amero’s ruling based on a recent Georgia Supreme Court case that concluded Georgians can have standing to sue if they’re “community stakeholders” who suffer an injury when local governments fail to follow the law.
Still, there’s no guarantee that a judge will grant the ballot inspection.
Original paper ballots are confidential government records under state law, requiring a judge’s order to unseal them, and Amero reviewed the evidence before making his ruling.
State election investigators told Amero they couldn’t find any fraudulent or counterfeit ballots within ballot batches cited by four Republican witnesses who claimed they saw them, according to court documents. All of the batches contained authentic ballots, and there weren’t any “pristine” ballots with perfectly filled-in ovals that lack creases.