Established Fact
Favorito v. Cooney, No. 2020CV343938 (Fulton Cty. Super. Ct.), was among the few post-2020 election challenge cases in which a court authorized physical access to actual election materials: on May 21, 2021, Chief Judge Brian Amero (by designation) granted petitioners’ motion to unseal and inspect and scan the November 3, 2020 general election absentee ballots, subject to protocols to be set by further court order. The case remained active as of February 4, 2026, when Judge McBurney dismissed most claims but allowed petitioner Jeffords’ equal protection count to proceed toward discovery, noting that “The records do in fact remain under seal” and contemplating further proceedings regarding access to electoral materials in related litigation. Separately, Fulton County acknowledged in civil court filings that it did not preserve the majority of ballot images from in-person voting during the original Election Day count, a fact confirmed by multiple sources; however, ballot images are electronic copies generated during scanning and are distinct from the paper ballots that were the subject of the court-authorized inspection — all original paper ballots were retained, sealed, and available, and were counted three additional times across the hand-count audit and machine recount, each confirming the certified result.
Citations
Favorito et al. v. Fulton County et al.Favorito et al. v. Fulton County et al., No. 2020CV343938, Order Granting Motion to Unseal at 1 (Fulton Cty. Super. Ct. May 21, 2021) (Amero, C.J., by designation) (“Petitioners shall only be permitted to inspect and scan [the November 3, 2020 general election absentee ballots] in accordance with protocols and practices that will be set forth by further order of the Court.”), https://www.democracydocket.com/wp-content/uploads/2021/05/2020CV343938-ORDER.pdf .
Favorito et al. v. Wan et al.Favorito et al. v. Wan et al., No. 2020CV343938, Order on the Many Pending Motions at 1, 18–19 (Fulton Cty. Super. Ct. Feb. 4, 2026) (McBurney, J.) (“The records do in fact remain under seal”; Jeffords’ Count I equal protection claim permitted to proceed to discovery), https://electioncases.osu.edu/wp-content/uploads/2022/06/Favorito-v-Wan-FCSC-Opinion-020426.pdf.
Fulton County Board of Registration and Elections admitted in civil litigation in the U.S. District Court for the Northern District of Georgia that it had “not preserved the majority of ballot images from in-person voting for the November 3, 2020, Original Count,” as noted in Anna Bower, Fulton County’s Battle for Ballots: A PrimerFulton County’s Battle for Ballots: A Primer, Lawfare (Mar. 25, 2026), https://www.lawfaremedia.org/article/fulton-county-s-battle-for-ballots–a-primer. Ballot images are electronic copies generated during scanning and are not the paper ballots counted in determining election results; Georgia law in 2020 did not require their retention by statute (the requirement was added in 2021), though a January 2020 State Election Board rule may have required their deposit with the clerk. SeeSee USA Today fact check (May 23, 2024), https://www.usatoday.com/story/news/factcheck/2024/05/23/missing-ballot-images-fulton-county-georgia/73688622007/ (“In 2020, Georgia law did not require election officials to keep ballot images.”); Charlene McGowan, general counsel for the Georgia Secretary of State’s Office: “We have the paper ballots. There are no missing ballots. We have hand-counted every single ballot.”