A lawsuit out of Fulton County, Georgia, that is seeking to force a review of the absentee ballots from the 2020 election in search of fraud is still alive and pushing.
Originally dismissed in October 2021 by a judge and has been working its way through the justice system, the case is now being sent back to the appeals court because of an order issued on Tuesday from the Supreme Court of Georgia, as explained by the NBC affiliate based in Atlanta, 11Alive.
Central to this choice is the issue of “standing,” a doctrine that determines the overall capacity of a part to carry out a lawsuit in court, and a new precedent set in a different case.
When the case was tossed out last year by Brian Amero, the Henry County Superior Court Chief Judge, he found the Georgia voters who originally bought the lawsuit “failed to allege a particularized injury” and lacked standing. The new order that has come down from the Georgia Supreme Court states that the case from Fulton County is “remanded to the Court of Appeals for reconsideration in light of Sons of Confederate Veterans v. Henry County Board of Commissioners.”
Back in October, the Georgia Supreme Court claimed that the Sons of Confederate Veterans, a group that issued a suit to stop the taking down of verious confederate monuments, did not actually qualify as a “community stakeholder” and due to such lacked standing in the suits against both Newton and Henry counties. However, the high court chose to go back on the dismissal from the lower court for a complaint lodged by one individual from Newton County, T. Davis Humphries.
The 2020 election lawsuit from Fulton County was brought to the court by a group of nine Georgia voters, such as the co-founder of the group VoterGA, Garland Favorito, who was pushing for the inspection of roughly 147,000 absentee ballots. As part of an interview with RealClearInvestigations that took place last summer, Favorito claimed that there could be “major absentee-ballot fraud in Fulton County involving 10,000 to 20,000 probably false ballots.”
However, investigators from Georgia were not able to discover any evidence which could point to any counterfeit or fraudulent ballot for Fulton County, as explained by a court filing that was reported on by the Associated Press. Additionally, it was noted by the Atlanta Journal-Constitution late last year that the review pushed for by the plaintiffs cannot alter the results of the election from 2020, which were officially certified and affirmed via recounts.