• Judge Robert McBurney declared "The 2020 election is over" while dismissing the long-running lawsuit
• Plaintiffs included Jovan Pulitzer, a treasure hunter who searched for the Ark of the Covenant, and Tea Party Patriots members
• The ruling follows an FBI raid on Fulton County elections offices to seize 2020 ballot materials

ATLANTA (TDR) — Fulton County Superior Court Judge Robert McBurney dismissed a lawsuit Wednesday brought by Trump supporters seeking to review 2020 election ballots, declaring "The 2020 election is over" and ordering the plaintiffs to pay nearly $40,000 in attorney fees for filing what he deemed a frivolous case. The ruling marks the latest legal defeat for election deniers who have spent years challenging Georgia's presidential results despite multiple recounts and investigations confirming Joe Biden's victory.

The lawsuit, brought by four plaintiffs including a self-described treasure hunter and members of a Georgia affiliate of the Tea Party Patriots, sought access to Fulton County ballots and election materials they claimed would prove Donald Trump actually won Georgia in 2020. Lead plaintiff Garland Favorito has become an influential figure among Georgians convinced that fraud cost Trump the election, despite countless state and federal investigations finding no evidence of significant fraud.

What Did Judge McBurney Rule?

McBurney dismissed the lawsuit "with prejudice," meaning it cannot be refiled, and ruled that the plaintiffs' claims "presented zero factual or legal questions" concerning the county's liability. The judge gave the plaintiffs until Monday to pay approximately $39,000 in attorney fees to Fulton County and the county Superior Court clerk's office.

"The 2020 election is over." — Judge Robert McBurney, Fulton County Superior Court, Feb. 4, 2026

The Atlanta Journal-Constitution reported that McBurney's ruling is the "latest twist" in a long-running legal battle that has persisted despite Biden's victory being confirmed by two recounts, including a hand count of every ballot. The plaintiffs had alleged various irregularities in Fulton County's handling of the 2020 election, but courts have repeatedly found these claims baseless.

One of Favorito's consultants reviewing ballot images was Jovan Pulitzer, an inventor and self-described treasure hunter who the AJC reports once "searched for the Ark of the Covenant." Pulitzer gained notoriety during post-election hearings where he joined Trump attorney Rudy Giuliani in spreading election fraud conspiracies at the Georgia Capitol.

Who Are the Plaintiffs?

The four plaintiffs consisted of Favorito, Pulitzer, and members of a Georgia Tea Party Patriots affiliate. Favorito is the founder of Voters Organized for Trusted Election Results in Georgia (VOTERIG), a group that has filed multiple lawsuits challenging Georgia election results. An attorney for Favorito, Todd Harding, has been involved in at least three other lawsuits alleging fraud in Georgia's November 2020 and January 2021 U.S. Senate elections, according to AlterNet.

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The lawsuit represents a broader ecosystem of election denial activism that has persisted in Georgia since 2020. Plaintiffs sought to force Fulton County to allow inspection of absentee ballots, claiming they could identify "counterfeit" ballots that would flip the election results to Trump. Multiple courts have rejected these theories as lacking credible evidence.

"An attorney for Favorito, Todd Harding, has been involved in at least three other lawsuits alleging fraud in Georgia's November and January U.S. Senate elections." — AlterNet, Feb. 6, 2026

Fulton County Commission Chairman Robb Pitts has consistently defended the county's election integrity. "This nonsense has to stop at some point," Pitts told FOX 5 Atlanta in December. "I assured the public then, reassure the public today, those elections are open and fair and transparent, and every vote was counted."

Does This Connect to the FBI Raid?

The ruling comes just one week after FBI agents seized Fulton County's 2020 ballots as part of a criminal probe ordered by President Trump. That raid, which Fulton County officials have challenged as potentially illegal, took custody of original ballots, voter rolls, and tabulator tapes that were under judicial seal.

The FBI action and the now-dismissed lawsuit represent parallel efforts to access 2020 election materials long after the election was certified. While the lawsuit sought civil access to ballots through the courts, the FBI raid utilized federal warrants to seize materials the county was required to maintain under the Civil Rights Act of 1960.

Legal experts have questioned the timing and legal basis of both efforts. Legal scholars noted that the five-year statute of limitations for federal election crimes expired long ago, and that the 2020 election has withstood more scrutiny than any election in world history.

McBurney had previously ruled in December 2025 that the Georgia State Election Board could access 2020 ballots, but required the board to cover the estimated $400,000 cost of producing the documents. The county has maintained that elections were fair and accurate, with Chairman Pitts stating Fulton taxpayers would not pay for document production.

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The dismissal with prejudice and fee award sends a clear signal that courts are losing patience with post-election litigation that lacks factual foundation. For the plaintiffs, the $40,000 penalty represents a significant financial consequence for pursuing claims that multiple judges have now deemed frivolous.

Will the financial penalty deter future election challenges, or will it fuel further grievance against the judicial system among denialist circles?

## Sources

This report was compiled using information from the Atlanta Journal-Constitution, AlterNet, FOX 5 Atlanta, 11Alive, Democracy Docket, Tea Party Patriots, and VOTERIG.

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