Georgia Supreme Court Unanimously Rules Private Contractors Working for the Government Are Subject to Public Records Requests

In a landmark decision, the Georgia Supreme Court has ruled unanimously that private contractors performing services for government agencies are subject to public records requests. This ruling now empowers citizens to obtain crucial evidence from companies involved in sensitive governmental functions, including those like Dominion Voting Systems, which played a role in previous elections.

The court’s decision arose from a case where a man was denied access to records held by a college contractor, despite his request in 2022. The Fulton County Superior Court and the Georgia Court of Appeals had previously sided against him, but the Georgia Supreme Court reversed these rulings. The court stated that “a request for public records related to a private contractor’s services to a public agency can be served upon non-agency custodians of the relevant public records — including the private contractor if he or she is the custodian of the records sought.” This ruling clarifies that private contractors cannot withhold records simply because they are not government entities.

Although the case in question was not related to elections, Georgia’s election integrity advocates see this decision as a major victory. The ruling means that citizens can now hold private contractors, such as Runbeck Election Services, accountable by accessing records related to their operations. Runbeck Election Services, for instance, is involved in printing and sorting ballots in multiple Georgia counties, including Fulton County.

With the 2024 election approaching, this decision is seen as a powerful tool for those seeking transparency and accountability in the election process. The court’s ruling ensures that if any discrepancies arise, the public has a means to uncover the truth, making it one of the most significant rulings in Georgia’s recent legal history.