…back in 2018, when Common Cause asked a court to extend the certification deadline to amend ballot count totals after Stacey Abrams’s loss. From the plaintiff’s request:

Although the requested injunctive relief may “require additional efforts” from Secretary Kemp at an administrative level, postponing the certification of the election results until the merits of Plaintiff’s claims are addressed would not be “impossible or unduly burdensome.” See Fayette County, 118 F. Supp. 3d at 1348. Whatever costs, burdens, and inconveniences may fall on Secretary Kemp, such burdens “cannot begin to compare with the further subjection of [Georgia’s voters’] to denial of their right, to full and equal political participation.” Crenshaw County, 640 F. Supp. at 1363.

From the court’s order, quite sympathetic to the plaintiffs’ request (including the “responsibility” of the Secretary to “confirm the accuracy” of the vote totals) but rejecting the remedy of extending the statutory certification deadline:

Defendant has indicated that because of the anticipated runoff scheduled for December 4, 2018, the Secretary intends to certify the election results on Wednesday, November 14, 2018 (the day after the county deadline rather than on or closer to the November 20th deadline provided for by state law). The Secretary will not actually receive all final certifications until Wednesday, November 14th. Thus, the Secretary of State’s Office effectively intends to certify the results on the same day it receives the returns from the counties, rather than taking any portion of the additional week provided under the law to fully discharge the Secretary’s independent duty of review. . . . The Secretary’s Office early-announced decision to proceed with certification of the vote on the very date of receipt of the county certified vote returns appears to suggest the Secretary’s foregoing of its responsibility to confirm the accuracy of the results prior to final certification, including the assessment of whether serious provisional balloting count issues have been consistently and properly handled. Bush v. Gore, 531 U.S. 98 (2000).

. . .

Yet the State Legislature contemplated a host of these and other contingencies in providing the Secretary a full week to review and address deficiencies in the ballot counting process and results prior to the Secretary’s certification of the vote. And the statutory provisions (O.C.G.A. §§ 21-2-49 and 21-2-499) expressly anticipate the potential need for a county to take additional corrective steps and resubmit its vote tally to the Secretary of State after the Secretary’s remission of the original certification with questions. While the Court takes the State’s concerns seriously, it also notes current computer electronic capacities have made the extant short timelines more manageable and that the modest relief directed here falls completely within the state statutory timelines and framework as well as meets the requirements of HAVA.

That said, the Court finds it is not practically feasible to grant Plaintiff’s request for alteration of the original deadline for local county election boards to certify their results to the Secretary of State. As explained, the local county election officials are required to determine the eligibility of voters who cast provisional ballots within three days of the election, i.e. Friday, November 9, 2018. County officials in the most populous counties are now in the process of counting all verified ballots and processing all remaining absentee and overseas ballots in anticipation of the certification deadline of Tuesday, November 13, 2018. And as already discussed, a great number of counties have already completed their certifications. . . .

In light of all of the above, the Court GRANTS modest relief, narrowly tailored to the circumstances and considers the balance of potential harms, and unique challenges and circumstances surrounding an election at this late stage. . . .

The Court ENJOINS the Secretary of State from certifying the results of the election prior to FRIDAY, NOVEMBER 16 AT 5:00 P.M. See O.C.G.A. § 21-2-499 (providing that the Secretary of State shall certify the votes cast not later than 5:00 p.m. on the fourteenth day following the date of the general election, i.e. Tuesday, November 20, 2018). . . .

. . . The remedy has been narrowly crafted and does not disturb the status quo for election certification deadline.