Georgia judge rules certification of election results by county officials is ‘mandatory’
(NEW YORK) With just weeks to go until the presidential election, a Georgia judge has ruled that certification of election results by county officials in the state is “mandatory” — a new ruling that is likely to be heralded by election experts amid rising fears that rogue election officials could seek to delay or decline to certify results after Election Day due to allegations of fraud or error.
“Election superintendents in Georgia have a mandatory fixed obligation to certify election results,” the order states.
Judge Robert McBurney, as part of an ongoing election case, found that the law is clear: “the superintendent must certify and must do so by a certain time.”
“There are no exceptions,” he wrote in the Monday night ruling.
The ruling comes after Georgia’s controversial State Election Board recently passed new rules that some voting rights activists are concerned would cause chaos in the certification process. One of those new rules allows election officials to conduct a “reasonable inquiry” prior to certification.
Specifically, McBurney’s ruling Monday noted that certification by the county superintendents must occur, even in the case where there are concerns about fraud or error.
“While the superintendent must investigate concerns about miscounts and must report those concerns to a prosecutor if they persist after she investigates, the existence of those concerns, those doubts, and those worries is not cause to delay or decline certification,” McBurney wrote. “That is simply not an option for this particular ministerial function in the superintendent’s broader portfolio of functions.”
Broadly, McBurney noted that the election officials must still certify the results, but report concerns to authorities:
“And if in the course of her canvassing, counting, and investigating, a superintendent should discover what appears to her to be fraud or systemic error, she still must count all votes — despite the perceived fraud — and report her concerns about fraud or error to the appropriate district attorney,” the judge wrote.
(WASHINGTON) — Though Robert F. Kennedy Jr. announced last month he was suspending his struggling independent campaign and endorsing former President Donald Trump, voters in many states are still likely to see him on their ballot this fall.
Announcing his decision in Phoenix, Arizona, Kennedy said that he would remove himself from the ballot in battleground states where he could act as a “spoiler” for Trump, but he encouraged voters in solidly Democratic or Republican states to vote for him.
Kennedy did not name the states from which he would withdraw, but ABC News has confirmed that he has successfully removed himself from several battleground state ballots.
However, in a hiccup for the campaign — and for Trump — Kennedy was unable to remove his name from the ballot in at least three states expected to be competitive: Michigan, Wisconsin and North Carolina.
Here’s a look at where Kennedy has been taken off from the ballot — and where he’ll still be on them.
Where has Kennedy been removed from the ballot?
As of Wednesday, ABC News had confirmed that Kennedy has successfully withdrawn his name from the ballot in at least 10 states: Arizona, Florida, Georgia, Maine, Nevada, New Hampshire, Ohio, Pennsylvania, Texas and South Carolina.
Many of those states are considered presidential battlegrounds, or at least contain some competitive congressional districts — such as Maine’s 2nd District, which Trump won in 2020, but is currently a seat held by Democratic Rep. Jared Golden.
Kennedy has moved quickly to scratch his name from ballots: in Arizona, his team scrambled to file withdrawal paperwork the night before he suspended his campaign. They were working to beat a crucial deadline: the Arizona secretary of state’s office was set to print ballots, which included Kennedy’s name, just hours later.
Then, in the hours after his announcement, Kennedy’s campaign successfully withdrew his name from the ballot in Texas, Pennsylvania and Ohio, ABC News confirmed.
In the days since, officials in several other states have told ABC News that Kennedy has successfully removed his name from the ballot.
In Georgia, a key battleground, the secretary of state’s office received two letters from lawyers for Kennedy asking to remove him from the ballot, according to a spokesperson.
But the office never considered Kennedy to be “on the ballot” in the first place — as an administrative judge ruled that the independent candidate did not meet the qualifications.
A spokesman for the office told ABC News, “He won’t be on the ballot.”
Officials in Nevada confirmed to ABC News last week that Kennedy is now off the ballot in the state — in that case, because of a court order received by the office.
The Nevada Independent reported that the court order is due to an agreement between Kennedy’s lawyers and the Nevada Democratic Party, which had challenged his petition to get on the ballot in Nevada, to drop the lawsuit and to mutually agree that Kennedy should not be on the ballot.
In New Hampshire, the office of the secretary of state confirmed to ABC News that Kennedy’s campaign submitted signatures to get him on the ballot the morning he suspended his campaign. But days later, a spokesperson for the office told ABC News that the Kennedy campaign “withdrew the nomination petitions required to be a certified candidate on the general election ballot.”
Where is Kennedy still on the ballot?
As of Wednesday, ABC News had confirmed that Kennedy will likely be on the ballot in about 30 states, although this could shift with any further successful withdrawals, legal challenges or decisions by elections offices ahead of state ballot certifications.
That number includes battleground states whose ballots Kennedy tried in recent days to withdraw from, such as Wisconsin, Michigan and North Carolina.
The Wisconsin Elections Commission voted 5-1 on Tuesday to certify Kennedy and some other independent candidates for the ballot. The board debated over whether to remove him given his withdrawal from the race, with commissioner Ann S. Jacobs, a Democratic Party appointee on the board, arguing that Kennedy could not withdraw due to state statutes.
“It literally says, ‘if you filed nomination papers you cannot withdraw unless you’re dead.’ I mean, all of this is just vibing to try to ignore a statute. And this statute’s clear — like this isn’t even equivocal,” Jacobs said during a meeting of the commission.
A lawyer for Kennedy had submitted a letter to the Wisconsin Elections Commission requesting to withdraw him from the state’s ballot. But a spokesperson for the commission told ABC News recently that if a candidate files to get on the ballot in Wisconsin, “there is no mechanism to ‘take back’ the filing.”
ABC News has reached out to the Kennedy campaign to see if he plans to appeal the decision.
In Michigan, a judge ruled against Kennedy, who had sued Secretary of State Jocelyn Benson for ordering his name to remain on the ballot.
Nominees of minor political parties may not remove themselves from the ballot, a representative for Benson’s office told ABC News.
The Natural Law Party, a two-member political party with ballot access in Michigan, nominated Kennedy to lead its ticket in April.
And in North Carolina, election officials voted to keep Kennedy’s name on the ballot since nearly two million ballots had already been printed across the state.
Reprinting them would be costly and leave most counties without ballots until at least mid-September (under state law, absentee ballots must go out by Sept. 6 to voters who have requested them).
On Friday, Kennedy sued the North Carolina Board of Elections to get his name removed from the ballot.
In an oddity, there are also some states where Kennedy’s campaign filed to get on the ballot even after he announced suspending his campaign.
Kentucky Secretary of State Michael Adams wrote on X on Monday afternoon that Kennedy filed to run in Kentucky (a state that his campaign had not discussed much or at all previously) that afternoon.
“Having just completed review of his submission of signatures, we are placing him on the ballot,” Adams wrote. The Kentucky secretary of state’s website also shows his filing.
And in Oregon, Kennedy achieved a spot on the ballot three days after announcing his suspension through the We the People Party and “at this time” will be on the ballot in the state, a spokesman for the Oregon secretary of state’s office said. The Oregon secretary of state’s website also has an entry for his filing.
(WASHINGTON) — While polling sites around the country are gearing up for huge voter turnout on Election Day, data and experts predict that a majority of the votes that will decide this year’s key races will be cast months before.
In fact, many of those votes could be cast in the next few weeks.
Analysts who have been studying early-voting trends say mail-in balloting and voting done at early opening polling sites will not only be a crucial indicator for this year’s races, but also future voting methods adopted by the country.
Early in-person voting options are available for almost all registered voters in 47 states with some allowing voters to cast their ballot as early as September, according to the National Conference of State Legislatures, which tracks election laws across the country.
Michael McDonald, a professor of political science at the University of Florida who helps run the school’s election lab, told ABC News that early voting exploded during the 2020 election and its effectiveness has reshaped the way the electorate and campaigns navigate the election.
“People find it easier to navigate and return the ballot at their convenience and it gives them more chances. They’re more likely to cast a ballot with those options,” he said.
How and where voters can cast a ballot early
In addition to offering voters a chance to cast their ballot through the mail, many states offer voters two ways of casting a ballot in person: either dropping off their absentee ballot at an election office or site, known as in-person absentee voting; or at a polling machine polling place that is open prior to Election Day.
As of 2024, 22 states offer all voters who vote via absentee the option to turn in their ballot in person early, according to NCSL data.
Alabama and New Hampshire offer no in-person early voting options — something the state’s election officials have not opted to do. Mississippi only offers in-person absentee to voters who meet specific criteria such as a physical disability, or proof that they will not be in the state on Election Day, such as military members.
Twenty-seven states and the District of Columbia give voters both in-person absentee and early in-person poll site options, NCSL data shows.
Eight states — California, Oregon, Washington, Nevada, Utah, Colorado, Vermont and Hawaii — and D.C. have adopted all-mail ballots and allow voters to cast their ballots in person before Election Day. With this process, states mail ballots to all registered voters and they can send it back, drop it off in-person absentee or ballot box, or simply choose to vote in a polling site either early or on Election Day.
Some election offices will offer voters a chance to submit their paper ballots in person as early as mid-September.
In Pennsylvania, some voters may be able to cast absentee ballots in person at their county’s executive office starting Sept. 16, which is the date for when counties must begin processing applications for mail-in or absentee ballots. The Pennsylvania Department of State told ABC News, however, that counties might not necessarily have the ballots ready by that date.
Rise in popularity
Charles Stewart, the director of Massachusetts Institute of Technology’s election data science lab, told ABC News that voting data has shown a gradual increase in votes cast before Election Day over nearly three decades.
In fact, during the 2020 election, more than 69% of votes cast in the election were done through either mail-in ballots or early in-person voting, according to election data. By comparison, only 40% voted early in the 2016 election and 33% in the 2012 election, the data showed.
The data did not indicate how many mail ballots were turned in person.
Stewart noted that the pandemic was a factor behind the 2020 surge in early voting, and even though there was a decrease in early voting numbers during the 2022 midterms, there was still a jump in the number of people who cast their ballots either through the mail or at an early-voting site compared to previous midterms.
“If you extend the trend line and extend it to 2022, there is only a little bit more voting by mail,” he said. “That tells me that voters have, on aggregate, returned to patterns we saw before 2020, which is that of a slowly growing reliance on convenience voting methods.”
The extra convenience isn’t the only incentive that is moving more voters to early voting, particularly mail-in ballots, according to Stewart.
Stewart said that several studies that have been published about voting behaviors have shown that voters who cast their ballot through the mail are thinking about their choices “more deeply and thoroughly.”
“I heard it from a voter the other day who said they appreciate being able to lay the ballot on the table and do the research on the issues and the candidates,” he said.
The enthusiasm has also had ripple effects, according to research conducted by McDonald.
McDonald said that data has shown that the states that opted to give all registered voters their ballot in the mail, such as Colorado, Washington and Oregon, saw the highest turnout rates in the country in 2020.
“In the early states that opted [into] mail balloting, places like Oregon and Washington, they’ve done satisfaction surveys and voters there love it, both Democrats and Republicans,” he said.
A boon for voters, election offices and campaigns
Election experts said that 2020’s jump in early voting helped to decrease long lines on Election Day at a time when the pandemic required smaller indoor crowds and social distancing.
Even though the need to decrease crowds has lessened, McDonald stressed there is still a need for “safety valves” when it comes to Election Day lines.
“It means if someone has a problem … and they try to catch their problem earlier, they have more time to rectify that problem,” he said, citing examples such as an error on their form or improper voter ID.
McDonald also cited the sudden snowstorm that hit northern Arizona in November 2022 as a major obstacle that voters and election offices faced when it came to Election Day voting.
“These are the things that can happen and campaigns kind of know they shouldn’t rely too much on Election Day because there could be things that go wrong,” he said.
Christopher Mann, the research director for the non-profit group, The Center for Election Innovation & Research, told ABC News that early voting also gives election office teams, many of whom are understaffed and underfunded, extra time to handle the large number of ballots that come through during presidential cycles.
“They can move more people around during those early weeks, especially on the weekends,” he said.
At the same time, early voting has reshaped how campaigns are conducted.
Former President Donald Trump and President Joe Biden pushed for their debates to take place prior to October because of early voting. Trump and Vice President Kamala Harris are scheduled to debate on Sept. 10 on ABC News.
Aside from the campaign trail, McDonald said that early voting also affects the campaign staffers on the ground who receive voter information from election offices.
“Then the campaigns can say, ‘OK this voter already voted, I don’t need to call them or mail them something. I can scratch them off the list,” he said.
Trump’s false claims on early voting shift dynamics
In both the 2020 election and in this year’s contest, Trump has been vocal about his distrust in early voting, falsely claiming it is not secure and pushed for only voting on Election Day.
Despite appearing in a video at the Republican National Convention encouraging Republicans to vote by mail or early if available, Trump has been criticizing early voting at his events.
“We should have one-day voting. We should have paper ballots, we should have voter ID, and we should have proof of citizenship,” he told reporters at a news conference last month.
McDonald said Trump’s rhetoric led to a major shift in the 2020 election as the number of Republicans who voted by mail dropped compared to Democrats. Prior to 2020, more Republicans cast their vote in the mail, according to McDonald.
“We can see that those patterns really haven’t restored themselves [to] pre-pandemic,” he said.
The election experts stressed that there is no evidence of fraud when it comes to mail-in ballots and, in fact, showed there is no correlation between the number of early votes cast and the outcome of the election.
“If you look at states where half of the ballots were issued before Election Day, Trump won half of that vote,” Mann said.
The experts say the election data is showing an upward trend of more voters opting to vote early versus on Election Day, with mail-in voting seeing the biggest increases, and they predict more states will expand those early voting offerings.
Stewart noted that the momentum is still there as several states failed to pass measures in the last four years that would have restricted early-voting options, specifically ending pandemic-era rules that allowed for no-excuse absentee.
Ultimately, Stewart contended that giving voters as many options to safely and properly cast their ballot leads not only to more convenience, but a stronger electorate.
“I would encourage voters to think about their own lives, their own habits, their own values and choose their mode that is keeping with all of those things,” he said.
(WASHINGTON) — With fighting between Israel and Iran-backed Hezbollah intensifying throughout the weekend, White House National Security Communications Adviser John Kirby said the U.S. is doing “everything we can to try to prevent this from becoming an all-out war there with Hezbollah across that Lebanese border.”
“We have been involved in extensive and quite assertive diplomacy,” Kirby told ABC’s “This Week” anchor George Stephanopoulos on Sunday.
Asked if escalation in the region is inevitable, Kirby replied that there are “better ways” to return Israeli citizens back to their homes to avoid a heightened conflict. On cease-fire negotiations, he told Stephanopoulos that “We are not achieving any progress here in the last week to two weeks.”
Kirby also reiterated that the U.S. was “not involved” in Israel’s covert pager and walkie-talkie attacks against Hezbollah in Lebanon last week.
This is a developing news story. Please check back for updates.