A Georgia appeals court has upheld a lower court ruling that said county election officials in the state must vote to certify results according to deadlines set in law.
Fulton County Superior Court Judge Robert McBurney had ruled in October that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.
A three-judge panel of the Georgia Court of Appeals last week upheld McBurney’s ruling, saying “Adams’ contention that the trial court erred by declaring she had a mandatory duty to certify election results is without merit.”
Certification, an administrative task that involves certifying the number of votes, became a political flashpoint when President Donald Trump tried to overturn his loss to Democrat Joe Biden in the 2020 general election. Republicans in several swing states refused to certify results during primary elections last year, and some sued to try to keep from being forced to sign off on election results.
In the run-up to last year’s presidential election, Democrats and some voting rights groups worried that Trump-allied election officials could refuse to certify election results if he were to lose to then-Vice President Kamala Harris. Trump ended up beating Harris.
Georgia law says county election superintendents, which are generally multimember boards, shall certify election results by 5 p.m. on the Monday after an election, or the Tuesday after if Monday is a holiday.
McBurney had written in his order that Georgia law allows county election officials to examine whether fraud has occurred and what should be done about it. They should share any concerns with the appropriate authorities for criminal prosecution or use them to file an election challenge in court, but cannot use their concerns to justify not certifying results, the judge wrote.
The Court of Appeals opinion echoed McBurney’s ruling.
The appeals court also noted that state law limits county election officials’ review of documents to instances when the total number of votes exceeds the total number of voters or ballots and also limits the review to documents related to the relevant precinct. To the extent that McBurney’s ruling allows a more expansive review, the judges sent it back to him for reconsideration.
Texas flooding underscore the challenges Trump faces in replacing FEMA
Just weeks ago, President Donald Trump said he wanted to begin “phasing out” the Federal Emergency Management Agency after this hurricane season to “wean off of FEMA” and “bring it down to the state level.”
But after months of promises to overhaul or eliminate the federal agency charged with responding to disasters, Trump and his administration are touting a fast and robust federal response to the devastating Texas floods. In doing so, they are aligning more closely with a traditional model of disaster response — and less with the dramatic reform the president has proposed.
The president approved Texas Gov. Greg Abbott’s request for a major disaster declaration just one day after it was submitted, activating FEMA resources and unlocking assistance for survivors and local governments. Homeland Security Secretary Kristi Noem told Trump in a presidential Cabinet meeting Tuesday morning that FEMA was deploying funding and resources quickly. “We’re cutting through the paperwork of the old FEMA, streamlining it, much like your vision of how FEMA should operate,” Noem said.
Noem said the rapid delivery of funds to Texas resembled the “state block grants” model Trump has promoted. It’s an idea that would replace FEMA’s current system of reimbursing states for response and recovery expenses at a cost-share of at least 75%.
But ex-FEMA officials say it’s unclear how the response differs from FEMA’s typical role in disasters, which is to support states through coordination and funding. Instead, they say, the vigorous federal response underscores how difficult it would be for states to take on FEMA’s responsibilities if it were dismantled.
“This is a defining event that can help them realize that a Federal Emergency Management Agency is essential,” said Michael Coen, FEMA chief of staff in the Obama and Biden administrations. “Imagine if an event like this happened a year from now, after FEMA is eliminated. What would the president or secretary (Noem) offer to the governor of Texas if there is no FEMA?”
The Department of Homeland Security and FEMA did not immediately respond to questions about Noem’s remarks, including whether FEMA was doing something different in how it moved money to Texas, or why it resembled a block-grant system.
FEMA will have multiple roles in Texas
While Noem and Trump have emphasized that Texas is leading the response and recovery to the floods, that has always been FEMA’s role, said Justin Knighten, the agency’s director of external affairs during the Biden administration.
“The state is in the lead. FEMA is invited into the state to support,” Knighten said. He said that while Texas’ division of emergency management is one of the most experienced in the country, even the most capable states face catastrophes that overwhelm them: “When there’s capacity challenges and resource need, that’s where FEMA steps in.”
One of FEMA’s primary roles will be to coordinate resources from other federal agencies. If the state needs the Army Corps of Engineers to help with debris removal, Health and Human Services for mortuary support and crisis counseling, or EPA for water quality testing, FEMA arranges that at the state’s request and then reimburses those agencies. “FEMA becomes a one-point entry for all federal support,” Coen said.
The agency also coordinates first-responder support — like search-and-rescue teams deployed from across the country — and reimburses those costs. It administers the National Flood Insurance Program, which gives homeowners and renters access to flood coverage not typically included in general policies.
Those with insufficient insurance or none at all will rely heavily on FEMA’s Individual Assistance program, which supports survivors with needs like temporary housing and home repairs. On Wednesday, the agency is opening disaster recovery centers where households can get help applying for assistance, according to Texas Emergency Management Chief Nim Kidd. The Public Assistance program will reimburse state and local governments for most or all of the costs of infrastructure repairs.
States would have trouble replacing FEMA
While Trump and Noem often say they want states to take on more responsibility in disaster response, experts say the tragedy in Texas underscores how even the most capable states need support.
“It’s true that Texas is very capable, but I think it’s something that people forget that FEMA pays for a lot of state and local emergency capacity,” said Maddie Sloan, director of the disaster recovery and fair housing project at the policy nonprofit Texas Appleseed. The Texas Division of Emergency Management’s budget of over $2 billion is mostly funded through federal grants.
“If a state like Texas asks for federal assistance within two days, the smaller states that are less capable don’t stand a chance,” said Jeremy Edwards, FEMA’s deputy director of public affairs during the Biden administration.
States would have to set up their own recovery programs and to coordinate with each federal agency if they were given block grants in lieu of FEMA involvement. “Without FEMA, a governor or a state has to be calling around and have a Rolodex of the whole federal government to call and try and figure out what support they can get,” Coen said.
There are plenty of reforms that could improve how FEMA reimburses states and helps survivors, experts said, but eliminating it risks big gaps in recovery. “We have spent a lot of time encouraging FEMA to be better, but if FEMA goes away, there is no help for individual families,” Sloan said.
Uncertain future for federal disaster response
Trump has deflected questions about what the Texas response means for FEMA’s future. A 12-member review council established by the president and charged with proposing FEMA reforms will meet for the second time Wednesday. Abbott and Kidd are both on the council.
At the first meeting, Abbott called FEMA “slow and clunky” and said reforms should “streamline the effort.” He has praised Trump’s quick disaster declaration in Texas.
While no large reforms to the agency have been enacted yet, smaller policy changes could impact Texas’ recovery.
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