Georgia judge dismisses lawsuit by Trump campaign

Published: Nov. 5, 2020 at 6:41 AM EST

SAVANNAH, Ga. (WTOC) - A Chatham County judge on Thursday dismissed a lawsuit filed by the Trump campaign and the Georgia Republican Party alleging that Chatham County elections officials improperly counted absentee ballots received after the state’s deadline.

The Trump campaign and Georgia GOP lawyers brought in two witnesses, two elections observers, who raised the issue Wednesday afternoon about the 53 absentee ballots and whether or not they should be counted. The emergency petition filed claimed that one observer saw absentee ballots that had not been properly processed mixed into a pile of absentee ballots already set to be tabulated.

The Board of Registrars chairman and supervisor were called in to testify, both saying all the proper protocol had been followed regarding those ballots in question and time-stamped, indicating they had been submitted before the 7 p.m. deadline on Election Day.

Those filing the lawsuit called on the county elections officials to enforce election law and prevent unlawful counting of absentee ballots received after the election.

By Superior Court Judge James Bass denying the petition, that indicates he believes the county has enforced state election law, and that there was no evidence presented to say otherwise.

The poll watcher says he saw four bins of ballots and then saw a poll worker bring a stack of ballots from a back room and then place them on a table near the bins with ballots. He says after leaving the room and then returning the bins were gone and found out they were en route to the annex where absentee ballots are being processed and tabulated.He then says he was unable to find a stack of 53 ballots.

David Shafer, the chairman of the state party, was made aware of the complaints and addressed that the lawsuit has been filed, quote, “to enforce election laws and prevent the unlawful counting of absentee ballots received after the election.”

Chatham County Board of Elections Chairman Tom Mahoney III released a statement to WTOC saying, “The Chatham County Board of Elections is following Georgia elections law, and I believe that the specific allegations of the observer, I believe that the observer is mistaken.”

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