Democrat Stacy Abrams–who narrowly fell short of the number of votes required to force a runoff election–is plannning an unprecedented lawsuit to challenge the pending election result.
The Democrat’s longshot strategy relies on a statute that’s never been used in such a high-stakes contest. It is being discussed as Georgia elections officials appear to be on the cusp of certifying Republican Brian Kemp as the winner of a bitterly fought campaign that’s been marred by charges of electoral malfeasance.
Top Abrams advisers outlined her prospective case to The Associated Press, stressing that the Democratic candidate hasn’t finalized a decision about whether to proceed once state officials certify Kemp as the victor. That could happen as early as Friday evening.
Allegra Lawrence-Hardy, Abrams’ campaign chairwoman, is overseeing a team of almost three-dozen lawyers who in the coming days will draft the petition, along with a ream of affidavits from voters and would-be voters who say they were disenfranchised. Abrams would then decide whether to go to court under a provision of Georgia election law that allows losing candidates to challenge results based on “misconduct, fraud or irregularities … sufficient to change or place in doubt the results.”
The legal team is “considering all options,” Lawrence-Hardy said, including federal court remedies. But the state challenge is the most drastic. And some Democratic legal observers note Abrams would be dependent on statutes that set a high bar for the court to intervene.