Judge dismisses lawsuit by Republicans against Raffensberger over election "bunker" access

A Fulton County judge has dismissed a lawsuit filed by Republican candidates attempting to force the secretary of state's office to allow poll watchers and members of the State Election Board into the room where Georgia's statewide vote totals are received and reported on election night.

Fulton County Superior Court Judge Melynee Leftridge filed the order on Friday, days before the Georgia primary runoff election.

During May's primary, state Sen. Greg Dolezal, Cobb County Commissioner Kelli Gambrill, and 11th District candidate Christopher Mora filed an emergency lawsuit against Secretary of State Brad Raffensperger, arguing that poll watchers should be allowed into the state's Election Night Reporting Room, also known as "the bunker."

"Transparency should not be controversial," said Dolezal, who is in the runoff in the Republican primary for lieutenant governor. Others, including Lt. Gov. Burt Jones, called Raffensperger's decision to block the board members unacceptable and called on federal authorities to get involved.

On the day of the primary, Fulton County Superior Court Judge Ural Glanville originally granted a temporary suspending order allowing the poll watchers and other officials into the reporting room. He reversed the decision hours later, saying that the petitioners did not comply with Georgia law when seeking the injunction against Raffensperger.

In the new order, Leftridge said she disagreed with the argument put forth by Dolezol that the "bunker" was a space where poll watchers are to be permitted access to perform their function. Leftridge also argued that, while Georgia law dictates officials and poll officers shall perform their duties "in public," the "central aggregation" is "not a duty the Secretary of State  performs under the Georgia Election Code."

After ruling that the lawmakers' arguments did not show a claim where relief could be granted, the judge dismissed the lawsuit.

In a statement, a spokesperson for the Georgia secretary of state's office said they were pleased with the court's ruling.

"Georgia's elections are the most transparent in the country, and we will always follow the law and follow the Constitution in making meaningful observation available," the spokesperson said. "Any member of the public that wishes to see the tabulation process may do so at their county election office."

Polls open in the primary runoff election on Tuesday at 7 a.m. You can find a sample ballot for Tuesday's election here.