A judge in Georgia on Wednesday threw out a lawsuit from an election integrity group after state investigators said there was no evidence backing allegations of falsified ballots being included in the 2020 election count in Fulton County.

Henry County Chief Judge Brian Amero said petitioners, including election watchdog Garland Favorito, did not have proper standing to pursue their case.

Favorito and others had obtained scanned images of ballots and had an expert testify that there were discrepancies between the ballot count and that put forth by Secretary of State Brad Raffensperger’s risk-limiting audit. They asked to review the actual ballots.

Amero agreed to unseal the ballots but postponed the review after Fulton County filed a motion to dismiss. The judge agreed, but let the case proceed against a group of individuals. That ultimately led to the decision Wednesday, where the judge said the petitioners lacked standing to proceed against those persons.

“Even if the Court construes the allegations in petitioners’ pleadings, including their attached affidavits and exhibits, in the light most favorable to them, the Court is constrained to conclude that petitioners lack standing to pursue their state equal protection and state due process claims,” Amero wrote (pdf).

Regardless of the veracity of the allegations offered, petitioners have “failed to allege a particularized injury,” he added later.

The decision came a day after investigators with the office of Raffensperger, a Republican, said they have not found evidence substantiating election fraud claims after following up on affidavits filed in the case.

In a statement to news outlets, Favorito said he planned to appeal the order.

“All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton Co. election results, how many were injected, where they came from, and how we can prevent it from happening again in future elections,” he said.

Raffensperger’s office did not return a request for comment.

Zachary Stieber



Zachary Stieber covers U.S. news, including politics and court cases. He started at The Epoch Times as a New York City metro reporter.

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