Georgia Appeals Court Decision Impacts Fulton County Election Board Appointments
ATLANTA — In a significant legal development, Georgia’s Court of Appeals has ruled that Fulton County, the state’s largest, is not required to appoint two Republican nominees to its election board, potentially influencing future GOP efforts to alter election administration in Democrat-majority regions.
The appellate court determined that Fulton County commissioners retain the right to reject candidates proposed by the county Republican Party and request alternative nominees, despite a mandate to select from the party’s list. This decision follows the Democratic-led Fulton County Commission’s refusal last year to appoint Republican nominees Julie Adams and Jason Frazier, citing their actions as incompatible with board duties. A subsequent lawsuit by the county Republican Party led to a contempt ruling against the commissioners, with a judge ordering their approval. However, the appeals court’s decision lifts the threat of a $10,000 daily contempt fine previously stayed pending the appeal.
Presiding Judge Anne Barnes, speaking for the unanimous three-judge panel, stated that the commissioners exercised lawful discretion in rejecting the nominees. She suggested the Republican Party should propose new candidates. The possibility of an appeal to the Georgia Supreme Court remains, although acceptance by the justices is not guaranteed. Attempts to contact a lawyer for the county Republican Party for comment on potential appeals were unsuccessful.
The board of elections in Fulton County consists of five members: a chair appointed by the commissioners and two nominees each from the county’s Republican and Democratic parties, also appointed by the commissioners. Nominees must reside in Fulton County, be registered voters, and not currently hold or be candidates for public office.
Julie Adams, who has been on the election board since February 2024, has a controversial history, including abstaining from certifying primary election results the previous year and unsuccessfully suing the board to allow county officials to refuse election certification. Jason Frazier has challenged the validity of thousands of voter registrations in Fulton County. Both are involved in a Republican coalition questioning the legitimacy of Donald Trump’s 2020 election loss in Georgia and advocating for reforms in election procedures.
Despite her term expiring in June, Adams continues to serve on the board until a successor is appointed. The second Republican seat remains unfilled. Frazier criticized the ruling as offering excessive power to Democratic commissioners, arguing it allows them to effectively choose Republican nominees.
“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 expressed on social media.
Democrat Fulton County Commissioner Dana Barrett welcomed the decision, particularly in her campaign for Georgia’s secretary of state this year. She emphasized the ruling as a victory for voters and election integrity, stating, “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.”
Currently, most Georgia election boards are appointed similarly to Fulton County’s. This ruling may allow commissions statewide to reject nominees based on political disagreements, impacting both Republican and Democratic representation in various counties. A prior state Supreme Court decision in 2018 had already limited parties’ influence over board appointments.
In a related case from 2024, Cherokee County, a predominantly Republican area near Atlanta, initially considered appointing only one Democrat to its election board, ultimately selecting a lesser-known figure over the party’s nominee.
