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Filing in Georgia audit case argues against Fulton County's motion to dismiss

A judge on Monday heard arguments regarding motions to dismiss but chose not to immediately rule.

Updated: June 23, 2021 - 9:23pm

Two petitioners involved in pursuing an audit of ballots from the 2020 election in Fulton County Georgia have filed a post-hearing brief arguing against the county's motion to dismiss.

"Respondent Fulton County says that it is above the law. It claims sovereign immunity—that relic of monarchy dubiously declaring that the king may do no wrong. It's an odd position to take in a case about ballots in a democratic election," the filing declares, arguing that the county does not have immunity. 

"Petitioners petitioned for, among other things, declaratory judgments that the County violated their constitutional rights. Under O.C.G.A. § 9-4-2(b), the Court may grant Petitioners the declaratory relief that they seek—indeed, 'the ends of justice require' that it do so. Otherwise, the same bad actors will keep control over the County's elections," the filing states.

A judge on Monday heard arguments pertaining to motions to dismiss filed by Fulton County, the county Board of Registration and Elections and the county's clerk of Superior and Magistrate Courts, but the judge chose not to immediately rule. 

"I think it's important that I take a little bit of time to review it and think about it,” Henry County Superior Court Chief Judge Brian Amero said during the hearing, according to the Epoch Times.