A Georgia voting rights group and a labor union are asking to intervene in the U.S. Justice Department’s lawsuit seeking Fulton County’s 2020 ballots.
Black Voters Matter and local affiliates of the Communication Workers of America labor union filed a motion this week to join the lawsuit, arguing the Justice Department should not get the ballots and other election records because they are under seal and “no federal law justifies DOJ’s far-reaching demand.”
Lawyers from the organizations claim the Justice Department is attempting “to fan the flames of conspiracy and sow doubt about the legitimacy of the 2020 election.”
The Justice Department sued the Fulton County Clerk of Superior Court Ché Alexander last week seeking the ballots and other election materials — a significant escalation in the continuing battle over Georgia’s 2020 election results.
In court documents, the lawyers said the department is engaged in a “vengeful” effort and allowing them access to the election materials would undermine their clients’ efforts to mobilize voters. If voters knew the department would “rummage through their ballots” and other documents to support a conspiracy, it would deter people from voting in future elections, the groups allege.
The groups said they seek to intervene to protect the voting rights and privacy of their constituents.
The brief was filed by election attorney Adam Sparks and lawyers with the Washington-based Elias Law Group, a firm founded by prominent Democratic election attorney Marc Elias.
The department says the ballots, absentee ballot signature envelopes, digital files and other records are needed to determine if the county has complied with federal election laws. The suit seeks court orders declaring the county violated federal law by not producing the records.
Numerous investigations into Fulton County’s election procedures have found errors but no indication of intentional wrongdoing. President Donald Trump has insisted the election was stolen from him, and his allies have claimed for years that his 2020 loss was the result of widespread fraud.
Three vote tallies — an Election Day machine count, a hand-count audit and a machine recount — upheld Trump’s narrow loss to Democrat Joe Biden.
Last year, the State Election Board reprimanded the county for double scanning at least 3,000 ballots during a machine recount of the 2020 election. And the right-wing Republicans on the State Election Board — once praised by Trump as “pit bulls”— have continued to focus on the county’s conduct in that election.
The board subpoenaed a slew of county records. That subpoena remains under review in Fulton County Superior Court. The board requested Justice Department intervention in July.
In October, Assistant Attorney General Harmeet K. Dhillon asked for ballots and other election materials, but the county resisted and responded by saying the ballots and other records are in the Fulton County court clerk’s possession and are under seal, requiring a court order to unseal them.
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