“We Will Not Count Counterfeit Ballots in Future Elections”: Fulton County Defense Argues ‘No Controversy’ in Audit Case

Written by Kyle Becker
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The judge presiding over the Fulton County election case was expected to rule on whether or not the inspection of physical ballots that were cast and tabulated during the 2020 election can proceed. Judge Brian Amero’s ruling will decide whether an independent election audit can go forward as planned.

During the high stakes proceedings, the petitioners made the case that the examination of the ballots should proceed as planned to determine if the fraudulent counting of double ballots occurred.

“We are uncertain as to the weight and value of our vote, my clients’ votes, going forward,” the claimants argued. “And that’s what we are trying to address. We are not trying to address the results of the November election.”

“We have asked to see the ballots,” the lawyer continued. “Because we think that’s the best evidence to show that this kind of conduct didn’t occur and won’t occur in the future.”

“But our request for the ballots was actually a discovery request,” he added. Watch highlights from the court proceedings below:

The lawyers then asked the judge to deny the motions for sovereign immunity being claimed by the state to keep the ballots from being subpoenaed for discovery. The lawyer then asked the Fulton County election board’s defense to respond to the claimants and on behalf of the motions to dismiss.

The Fulton County defense noted that there were open investigations being conducted by the Secretary of State into the claimants’ allegations, including the issue of machine-generated ballots and multiple tabulation of absentee ballots at State Farm Arena. The defense claimed that the results of those investigations do not corroborate the claimants’ allegations, but those results have not been made public yet.

The defense then addressed the petitioners’ complaint as represented by the legal team that ‘my clients are uncertain whether their vote is going to count in the future.’

“If you look at his second amended complaint,” the defense noted, “What he asked the court to do is to grant a permanent injunction to enjoin and prohibit the respondents from counting counterfeit ballots in future elections.”

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“We agree with that. We will not count counterfeit ballots in future elections,” the Fulton County defense conceded. “Even if we were to assume for the sake of argument that they were right, that they were counted in the past, and we are not admitting that, we agree you can’t count counterfeit ballots. You can’t scan absentee ballots twice. You can’t count somebody’s vote twice.”

The defense then claimed that there is no “current controversy.” And furthermore, there is nothing for the court to adjudicate. Tens of thousands of Georgia voters and millions of American voters would disagree.

The civil case being brought by Garland Favorito argues that double-counting by election workers potentially occurred after election observers were sent home. The audit would potentially explain what appeared on CCTV video to be Fulton County election workers running ballots through tabulators multiple times. Watch:

The tone at the Henry County court proceedings about the possible double-counting of ballots is a marked contrast to mainstream media reports that it was a baseless “conspiracy theory.” Social media platforms even ran “fact checks” that asserted it was impossible that the double-counting occurred. The Federalist’s Mollie Hemingway rightly pointed out that the State Farm vote-counting video was not “debunked,” as the mainstream media claimed.

Furthermore, the court proceedings addressed the lack of security at the warehouse where the ballots were being stored. Judge Amero pointed out that it was the responsibility of the Fulton County sheriff’s office alone to provide security for the ballots. Earlier, reports that the warehouse was unsecured spurred speculation that any potential audit of the 2020 election would thus be flawed.

โ€œThis is a picture is that the attorney provided of the door left open at the supposedly secure building were the ballots are being kept,โ€ Newsmax’s Emerald Robinson wrote.

Further reportage on today’s hearing was provided by election observer Crystal Carter.

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“Judge made a phone call to sheriff and expressed that ballot security is his responsibility!” she wrote. “The judge doesn’t think there will be a security issue going forward!”

At the end of Monday’s hearing, Judge Amero decided to grant the defense’s request for an additional 7 days for the court to rule whether or not the Fulton County audit can move forward. The basis was that the court is awaiting the results of a related election case that will influence the ultimate outcome.

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OPINION: This article contains commentary which reflects the author's opinion.