Fulton County board votes to seek legal advice in executive session on electronic dissemination of precertification materials

The Fulton County Board of Registration and Elections voted during its Dec. 5 precertification meeting to seek a legal opinion in executive session on whether the board may limit electronic dissemination of pre-certification election materials. The motion followed requests from Member Amber Adams and discussion among board members about whether existing rules restrict sharing or photographing documents during the canvass.

Amber Adams asked the board to add an item about a legal opinion on "electronic dissemination of election materials" to the agenda. A board member later moved that the matter be discussed in executive session, saying concerns raised by outside counsel suggested a possible threat of litigation. The motion was seconded and the board voted in favor; a roll-call-style voice vote in the transcript recorded multiple ayes and one recorded nay.

Board members debated whether receiving legal advice in an open meeting is standard practice. One member noted that the board had previously asked its attorney for guidance on the National Voter Registration Act during an open meeting. Those who supported the executive-session vote argued the pendency of potential legal action or dispute justified private counsel consultation.

The board did not resolve the legal questions during the public meeting. Members agreed to schedule the executive session for Monday, Dec. 8, when the board’s attorney is expected to be present. The chair said the board will announce any public decision after receiving guidance.

The vote to request the legal opinion in executive session was made by a board member during public discussion; the transcript records an affirmative voice vote with one member saying "nay." The board did not publish the legal opinion in the meeting record and did not take further public action on the electronic-dissemination question during the Dec. 5 session.

The board is expected to reconvene Dec. 8 at 3:00 p.m. to continue certification-related work and to consider the attorney guidance on the dissemination question.