Fulton Commission faces $10K daily fines for failing to appoint GOP nominees

A judge ordered the Fulton County Board of Commissioners to be fined $10,000 a day starting on Aug. 29 for failing to appoint two nominees to the county’s Board of Elections and Registrations.

Superior Court Judge David Emerson ruled in a contempt hearing sought by the Fulton County Republican Party after the commissioners failed to comply with the court’s order to appoint the party’s chief executive officer’s nominees, Jason Frazier and Julie Adams, to the board of elections.

The judge declined to hold the commissioners in criminal contempt, writing in his order that the court was not punishing them for past disobedience, rather to make them comply with the order.

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A vote during the Aug. 20 commission meeting failed 2-2, with Commissioners Mo Ivory and Dana Barrett voting against the nominees. Commissioners Bob Ellis and Bridget Thorne voted in support of the nominations. Other commissioners had either left the meeting earlier or did not attend.

The Fulton County GOP filed the emergency motion on Aug. 21 and sought civil and criminal penalties. The motion came after the commission failed to appoint the GOP nominees.

Commissioners Dana Barrett and Mo Ivory held a press conference before the contempt hearing.

“I respect the court, I respect the judge, and I respect the rule of law, but I did everything required of me by law to abide by the court’s order that said I understood that when I voted, there might be consequences for my actions,” Barrett said before the hearing. “So I will face those consequences today with my head held high because I could not cast my vote for people who are actively working to undermine our elections and dismantle our democracy.”

Emerson’s ruling said the argument by the commission that the court should stay the enforcement to allow them to appeal that decision had been addressed and rejected because of the harm resulting to the nominating party.

“From the evidence of the conduct of the two of the commissioners as shown at today’s hearing, it is clear to the court that they will gladly use the appeal process to prevent the nominees from serving on the BOE,” Emerson wrote in his order.

During the hearing, Emerson said the local legislation on appointments to the board of elections does not include language authorizing the commission to veto the selection of a qualified nominee. And it does not authorize the commission to require a specific number of nominees. The legislation says the commission “shall” appoint the submitted nominees if they are otherwise qualified.

“The court does find that the respondent Board of Commissioners has been stubbornly litigious and acted in bad faith in its conduct prior to this litigation by its failure to comply with clear local legislation which forced the plaintiff to file this action,” Emerson wrote in his order.

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