The court found that the lawsuit had been filed far too late to even be considered.
A Henry County judge has dismissed a lawsuit seeking to dismiss the results of the Georgia run-off election, which handed control of both the state’s U.S. Senate seats to Democratic candidates.
According to The Atlanta Journal-Constitution, the lawsuit had hoped to void the victories of standing Sens. Raphael Warnock and John Ossoff.
However, Henry County Superior Court Judge Brian Amero firmly rejected the lawsuit.
For Georgia Republicans, the dismissal marks the latest loss in a series of attempts—all failed—to dislodge Warnock and Ossoff, or otherwise impede their ability to govern.
The latest lawsuit, notes the Journal-Constitution, was filed by Fulton County resident Michael Daugherty. In his complaint, Daugherty asked that a new election be conducted using only paper ballots, asserting that neither Warnock nor Ossoff could have won a fair and open election.
Rather, Daugherty cited allegations of improper ballot-counting in Atlanta’s State Farm Arena—the same allegations which were later investigated by Georgia’s Republican Secretary of State and found to be lacking substance.
Daugherty, says the Journal-Constitution, also said that the state’s Dominion Voting Systems machines were inaccurate, skewing the election in favor of current President Joe Biden.
As LegalReader.com has reported before, conservative conspiracy theorists have repeatedly claimed that Dominion fixed the election for Biden. While there is absolutely no evidence to suggest this is true, prominent media personalities—including an assortment of Fox News anchors—have parroted the same claims, drawing unsubstantiated linkages between Dominion and late Venezuelan dictator Hugo Chavez.
Even President Donald Trump, adds Yahoo! News, fanned the flames, saying there were “discrepancies” in Fulton County.
“New revelations that Fulton County is unable to produce all ballot drop box transfer documents will be investigated thoroughly, as we have with other counties that failed to follow Georgia rules and regulations regarding drop boxes. This cannot continue,” he tweeted in June.
However, attorneys for Ossoff, Warnock, and Secretary of State Brad Raffensperger—who was named as a defendant alongside several local election boards—argued that the lawsuit lacked merit and was filed months too late for consideration. They further observed that other judges have already dismissed Daugherty’s arguments.
Furthermore, the defendants’ attorneys say the lawsuit relates to problems that allegedly took place in November—yet Daugherty’s complaint relates to the Georgia run-off election, which was conducted in January.
No matter the circumstances and timeline, Amero agreed that Daugherty’s suit was brought far too late; he also found that neither Warnock nor Ossoff were properly served notice of the impending litigation.
While a complete copy of the ruling has yet to be made public, Daugherty says he will appeal it and continue fighting to suppress the Georgia vote.
Judge dismisses lawsuit that sought to overturn Georgia Senate elections
Judge tosses lawsuit attempting to overturn Georgia Senate runoff elections
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