Garland Favorito, the main plaintiff in a lawsuit to review a total of 147,000 absentee ballots cast in Atlanta’s Fulton County in the 2020 election, has declared “victory” even though Judge Brian Amero turned down most of his lawsuit.
While the Superior Court judge’s ruling seems to endanger the continuation of the ballot inspection, Favorito didn’t appear to be concerned and stated his conviction that the inspection will actually move ahead shortly.
One court order stays “alive”
Election officials in the state of Georgia have insisted that there hasn’t been evidence of election fraud.
According to the official results, Democrat Joe Biden won Georgia against Donald Trump with only 12,000 votes.
A Fulton elections board attorney, Don Samuel, emerged triumphant after the ruling, arguing that it precludes any likelihood of carrying out an in-person review of mail-in ballots through high-powered microscopes.
Samuel, who is a prominent Atlanta lawyer, argued that the election fraud litigation is finished.
The judge rejected most claims targeting the county clerk, the county elections board, and the county itself saying there was no way to sue them under the sovereign immunity laws of Georgia.
However, Amero left in place a prior order mandating the county to make digital images of the absentee ballots as well as other election records deemed public documents under Georgia’s Open Records Act.
String of victories
Garland Favorito, the case’s lead plaintiff, plans to put forth a ballot inspection plan based on Amero’s May order to unseal the mail-in ballots in order to allow high-resolution re-scans plus in-person review.
Even though the judge dismissed the elections board of Fulton County, he said the five members of the board could be added by the plaintiffs as defendants, which will keep the case alive.
That is why, according to Favorito, the ruling is a victory for his cause since it substitutes government organizations with board members as defendants, and negates Samuel’s try to declare the case finished.
Claiming that the court has thus ruled in favor of the plaintiffs for the fifth consecutive time, Favorito wrote how that is a continuation of the “string of victories”, which include getting the original protective order, then being granted approval to inspect ballots, plus access to ballot images and the ultimate order for the ballots to be unsealed.