Judge Delays Absentee Ballot Audit as Fulton County, Georgia Requests Dismissal of Lawsuit

ATLANTA, GA - NOVEMBER 06: Security envelopes for absentee ballots sit in stacked boxes as Fulton county workers continue to count absentee ballots at State Farm Arena on November 6, 2020 in Atlanta, Georgia. The 2020 presidential race between incumbent U.S. President Donald Trump and Democratic nominee Joe Biden is …
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A Georgia judge ordered a delay in the audit of an estimated 147,000 absentee ballots cast in Fulton County, Georgia during the 2020 election Wednesday after county officials filed a motion to dismiss the lawsuit brought by nine Georgia voters who requested the audit.

Last Friday, Superior Court Judge Brian Amero ordered the audit requested by the nine Georgia voters, petitioners in the case, Favorito v. Cooney, No. 2020CV343938, originally filed in Fulton County Superior Court on December 23, 2020, to proceed, but on Wednesday he ordered the delay to give him time to review Fulton County’s filing made that same day.

Fox 5 Atlanta reported:

Roughly one week after Henry County Chief Judge Brian Amero agreed to unseal 147,000 mail ballots from Fulton County following a voter lawsuit, the board of elections and the county court clerk in Fulton County filed motions asking the judge to dismiss the lawsuit. . .

Amero wrote in the email that he hopes to hold a hearing on the motions June 21 and plans to issue an order next week setting the hearing date.

The plaintiffs, nine Georgia voters, will pay for the audit, according to reports.

Former President Donald Trump reacted quickly to the judge’s decision to delay the audit and schedule a hearing on Fulton County’s request to dismiss the lawsuit that led to the judge’s initial ruling to conduct the audit.

“Why are the Radical Left Democrats in Georgia fighting so hard that there not be a Forensic Audit of 150,000 absentee ballots in Fulton County? There can be only one reason, and that is because they know the vote was corrupt and the audit will show it. Republicans must fight hard and win!,” the former president said in a statement released Friday by the Save America PAC.

In its complaint for dismissal, Fulton County argued:

On December 23, 2020, Petitioners filed a Petition against Mary Carole Cooney, Vernetta Keith Nuriddin, Kathleen Ruth, Aaron Johnson, Mark Wingate, and Richard Barron (collectively, “Original Respondents”), in their individual capacities, seeking injunctive and declaratory relief . Following this filing, Petitioners sought to substitute Original Respondents with Fulton County, the Fulton County Board of Registration and Elections, and the Clerk of the Superior Court of Fulton County (collectively, “Substituted Respondents”). The Court granted this request and entered an Order substituting the Original Respondents with the Substituted Respondents.

Subsequent to Fulton County being substituted into this case, Petitioners have failed to serve or even attempt to serve Fulton County, in accordance with O.C.G.A. § 9-11-4, in order to establish personal jurisdiction over Fulton County. As such, this Court does not have personal jurisdiction over Fulton County. Accordingly, Petitioners’ Complaint against the Fulton County should be dismissed for insufficient process and service of process.

Joe Biden was certified the winner of Georgia’s 16 Electoral College votes over former President Donald Trump in the November 3, 2020 election by a margin of less than 12,000 votes out of a total of 5 million votes cast statewide.

As Breitbart News reported, Fulton County received a grant of $6.3 million in September 2020 from the Mark Zuckerberg-funded Center for Technology and Civic Life (CTCL):

The Fulton County Board of Commissioners voted to accept a $6.3 million grant from the Mark-Zuckerberg funded Center for Technology and Civic Life “Safe Elections” project at a September 2, 2020 board meeting. It proceeded without asking a single question about the name of the group providing the funding, the origin of the funding, or the details of what the funding would be used for.

As Breitbart News reported, a significant chain of custody security concerns surround absentee ballots deposited in the 300 drop boxes across the state approved by the Georgia State Election Board. . .

Fulton County Elections Director Richard Barron told the Fulton County Board of Commissioners how he was able to secure the grant for the county, but failed to mention the name of the funding group–CTCL–or the fact they had only one day earlier, on September 1, received a $250 million donation from Facebook founder Mark Zuckerberg and his wife Priscilla Chan, to fund the Fulton County grant.

“I went this summer and sought some grant funding, which the BOC approved today for over $6.3 million, and we’ve also received $5 million in COVID funding. And then with the $3.5 million soundings request today, that totals $14.5 million more in additional investments for we’re going to be — we were able to secure a lot of new polling places for, if we clean them afterwards, we got tech-support at all voting locations, postage and absentee ballots that we have to mail out,” Barron told the Fulton County Board of Commissioners at their September 2, 2020 board meeting.

In Fulton County, Biden racked up a huge margin over Trump of more 240,000 votes out of 524,659 ballots cast and counted in the November 3, 2020 election. A total of 146,994 of those votes were cast as absentee ballots, delivered to designees of the Fulton County registrar when voters sent them through the U.S. Postal Service or deposited them in drop boxes where Fulton County election workers then picked them up for transport.

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