Depositions of election workers in Fulton County, Georgia, have been postponed in a lawsuit alleging that thousands of fraudulent ballots might have been cast there.
The plaintiffs said they consented to allow the depositions to be rescheduled until after a judge holds a hearing on a motion to dismiss the case, according to a filing submitted to Fulton County Superior Court on Thursday.
This agreement, the petitioners said, made a prior filing by the defense moot after attorneys for Fulton County officials asked the court to grant a protective order to postpone the depositions.
The dueling filings come after Superior Court Judge Brian Amero granted a motion last month to unseal higher resolution images of 147,000 absentee ballots from the 2020 election in Fulton County for what one of the plaintiffs, VoterGA co-founder Garland Favorito, said is the opportunity to have them “forensically analyzed.”
But the judge canceled a meeting to discuss logistical plans for the audit to give him time to consider and rule on motions filed by attorneys for Fulton County to dismiss the case. A hearing is scheduled for June 21.
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Among those set to be deposed were Ruby Freeman and her daughter Wandrea Moss. They were election workers who worked in the absentee ballot counting room at State Farm Arena and were singled out by former President Donald Trump and his allies as they made claims of fraud in the contest.
Favorito recently told RealClearInvestigations he is fairly certain at least 10,000 absentee ballots, if not double that number, were problematic. “We have what is almost surely major absentee-ballot fraud in Fulton County involving 10,000 to 20,000 probably false ballots,” he said.
President Joe Biden won Georgia by roughly 12,000 votes, a tally affirmed in multiple recounts and certified by the state, prompting judges to turn away legal challenges to the results.
This lingering suit’s audit would not change the outcome of the contest.
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In a separate filing on Thursday, shared on Twitter by GPB News reporter Stephen Fowler, the plaintiffs said they intend to subpoena Fulton County Commission Chairman Robb Pitts and Fulton County Elections Director Richard Barron for the June 21 hearing.
“In its motion, the county claims that it has ‘NO CONTROL OVER ELECTIONS.’ … These witnesses will prove otherwise,” said the petitioners, who added that their testimony would “entitle” them to “amend the petition, mooting the County’s motion to dismiss.”
Attorneys for Fulton County moved to dismiss the case in a filing on May 26, arguing that the Superior Court of Fulton County lacks jurisdiction in the case and that Fulton County is not a proper party to the case.
“It is an improper party because it is not the final policymaker with control over elections,” their filing read. “The Elections Code states that where there is a board of elections, that entity acts as a superintendent and conducts elections and primaries.”
Pitts, a Democrat, criticized the ballot review following Amero’s ruling to unseal 2020 election absentee ballots in search of fraud.
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“It is outrageous that Fulton County continues to be a target of those who cannot accept the results from last year’s election,” Pitts said, according to the Atlanta Journal-Constitution. “The votes have been counted multiple times, including a hand recount, and no evidence of fraud has been found.”
