Fulton commissioners defy order to seat Republican election board nominees

FULTON COUNTY, Ga. - Republicans want the Democratic members of the Fulton County Commission fined or put in jail for refusing to seat two GOP nominees on the county’s elections board despite a court order.

The Fulton County Republican Party has filed an emergency motion asking a judge to hold commissioners Robb Pitts, Dana Barrett, Mo Ivory, Marvin S. Arrington, Jr., and Khadijah Abdur-Rahman in both civil and criminal contempt.

It's the latest legal fight over who gets to sit on the county's election board.

MORE: Raffensperger slams Fulton County for defying order on elections board

The backstory:

Under Georgia law, the commission is required to appoint two people from the political parties that received the largest number of votes in the state - those being the Republicans and Democrats.

Commissioners have refused to seat Jason Frazier and Julie Adams, claiming that both nominees had a history of challenging election results and ballots.

Adams, who had previously been a member of the board, controversially argued in 2024 that she should be allowed to withhold certification of the county's election if she believed the results were incorrect or unreliable. She had also refused to certify the results of the county's May 2024 primary election. Frazier has reportedly lodged thousands of voter registration challenges in Fulton County. 

Earlier this month, Senior Superior Court Judge David Emerson sided with the Republicans, saying there is no law that allows commissioners to veto Frazier and Adams' nominations.

Despite the court order, the commission hasn't complied. 

The Fulton County officials' actions led to criticism by Georgia Secretary of State Brad Raffensperger, who accused them of undermining public trust by picking which bipartisan appointees to approve.

"Defiance of the rule of law may seem like good politics to some, but it is reckless. Court orders are not optional — they must be followed. Our Republic depends on adherence to the rule of law," Raffensperger said,

What they're saying:

In its lawsuit, the Fulton County Republican Party asked a superior court judge to fine each of the commissioners up to $1,000 per day and up to 20 days in jail.

The Republicans argued that the new lawsuit was needed after the commission's emergency motion to stay the court order was denied by the court of appeals and the officials voted against appointing the nominees.

"Due to Defendants’ bad faith, the Fulton GOP has had to file two separate contempt motions, respond to Defendants’ response to the first motion, and prepare for and attend two hearings on its motions for contempt, all in an effort to bring the Defendants into compliance with Georgia law and this Court’s orders," part of the lawsuit reads.

The organization is also asking for attorneys' fees, 

The other side:

Speaking to FOX 5, Commissioner Dana Barrett told FOX 5 that she would not vote to seat Adams or Frazier.

"We exercised our free will," she said. "I'm not going to be changing my vote, so if the board is going to get these two people seated, they are going to have to find four votes without me."

Barrett said that she was ready for any punishment that came her way for her decision.

In a statement, the Democratic Party of Georgia party chair Charlie Bailey called the two nominees "election deniers."

"Republicans are so hell-bent on giving election deniers power to meddle in our elections that they're attempting to throw Fulton County Commissioners in jail for refusing to help them do so, even as the legal dispute is on appeal," Bailey said. "Seeking to punish your political opponents for taking a vote you don't like is as outrageous, undemocratic, and un-American as it gets. We stand with the Fulton County Commissioners as they, in turn, stand up for Fulton County voters and the integrity of our elections."

What's next:

The Fulton Republicans have requested a hearing on their new filing on Friday.