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Perdue lawsuit pushing voter fraud allegations dismissed by judge

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ATLANTA (AP) — A Georgia judge has dismissed a lawsuit brought by former U.S. Senator David Perdue alleging fraudulent or counterfeit ballots were counted in the state’s most populous county in the state’s general election. 2020.

Perdue filed the lawsuit, along with an individual voter, in December, days after announcing he would challenge Gov. Brian Kemp in the Republican primary. Among other things, the prosecution requested access to examine mail-in ballots, saying it would allow petitioners to prove fraud in Fulton County.

Investigators from the Secretary of State’s office found no evidence to support the fraud allegations, but that hasn’t stopped former President Donald Trump, Perdue and others from continuing to spread them.

The lawsuit was similar to one brought by a group of voters that was dismissed in October because a judge found the group did not allege “particular injury” and therefore lacked standing to sue. This decision has been appealed.

Perdue and voter Elizabeth Grace Lennon argued that their constitutional rights to equal protection and due process had been violated. Perdue says his particular hurt was that he was running for re-election in November but failed to secure a majority, forcing him into a runoff with Democrat Jon Ossoff which Perdue lost. Lennon says she sought to vote early in person in October 2020, but was told someone had already submitted an absentee ballot on her behalf.

In an order dated Wednesday dismissing the lawsuit, Fulton County Superior Court Judge Robert McBurney wrote that it’s “not really about Perdue’s loss or the personal voting experience of Lennon”. His main claims, he notes, are that multiple batches of mail-in ballots were scanned multiple times and that thousands of illegal counterfeit mail-in ballots were counted and certified in Fulton County.

These are claims that have been repeated repeatedly in the aftermath of the 2020 election by people who allege widespread fraud stole the presidential election from Trump. Perdue, who trails Kemp in the polls heading into the May 24 Republican primary, has made allegations of a “stolen and rigged” election a central pillar of his campaign and speaks frequently about the lawsuit during his campaign.

The lawsuit asks the judge to declare that county officials violated the plaintiffs’ equal protection and due process rights, but such a declaration requires them to demonstrate that if the court fails to act, their interests will be harmed. harmed in the future, McBurney wrote. Instead, they asked him to make a statement about something that had happened in the past, and the court can’t do that, he wrote.

The lawsuit also asks the judge to issue a series of orders that would empower the petitioners’ experts to “interfere with the sealed ballots of tens of thousands of voters in Fulton County, to search for fraud or errors speculative elections and then to determine for themselves what the “real” vote count should have been in the election,” McBurney wrote.

“This chimerical journey will not take place,” he added.

Perdue harshly criticized the decision saying it was “another example of how the establishment continues to cover up what happened in 2020, and we will vigorously appeal the decision.”

The lawsuit ‘excorates’ county officials for ‘negligently, willfully, gratuitously, outwardly, maliciously or corruptly and shamelessly’, thereby causing Fulton County voters to suffer ‘disenfranchisement, disenfranchisement, dilution, debasement and corruption of their vote in the General Election,” but he does not seek redress for alleged violations of petitioners’ rights, McBurney wrote.

The lawsuit asks for a statement which the court is unable to provide and without such a statement, the plaintiffs’ claims “are only supported by sour grapes which make a wine which this Court will not serve,” McBurney wrote. .

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Associated Press writer Jeff Amy contributed to this report.

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