Decision 2018: Legal action in GA gubernatorial race
The race for Georgia’s governor seat continues. It has drawn controversy from both sides of the aisle, including several lawsuits between the two candidates.
Believe it or not, this is not the first controversial governor's race in Georgia’s history. In 1947 three people claimed the position.
The man who had just been elected governor died, which prompted the legislature to choose a new governor.
That decision was met with opposition when the lieutenant governor elect said he should be the new governor. Meanwhile, the sitting governor refused to leave office until the issue was settled.
After two months, the Georgia Supreme Court ruled in the Lt. Governor's favor, though he eventually lost a special election for a full term.
Channel 3 wanted to know if Georgia could expect another prolonged court battle.
"It may be premature to think this would be settled in the courts when really all anybody wants is their ballot to be counted," said Georgia attorney McCracken Poston.
The Stacey Abrams campaign is not backing down or conceding in the race for governor, by demanding that every vote is counted and continuing to take legal action. They are planning for absentee ballot litigation and a litigation hold, to have every county preserve all documents related to the election.
"This is about the integrity of the elections in the state of Georgia," said a lawyer on Abrams team.
Brian Kemp has declared victory and resigned his position as secretary of state, current Governor Nathan Deal also announced he and Kemp will begin working on the transition of the office.
READ MORE | Brian Kemp resigns as Georgia secretary of state
However, the race has not been certified. Meaning, Kemp still is not officially the winner.
"This is all theater,” said Poston. “It's all theater in the hopes that things will go the way that they want it to go."
Poston said the focus right now is making sure every ballot is counted, but this race could end up in court or spark more legal action than it already has.
"There may be a lower level court injunctive relief, to keep anyone from certifying the election until all the ballots are counted," Poston explained. "If that candidate takes it to court, it may be on the issues of voter suppression."
Abrams has refused to concede, because there are still votes left to be counted.
But conceding is not required. Once an election is certified, likely to happen Tuesday in this case, there is an official winner. Conceding is just a formality.