A lawsuit arguing that county election board members in Georgia have the discretion to refuse to certify election results has been dismissed on a technicality, but the judge noted it could be refiled.

Fulton County election board member Julie Adams filed a lawsuit in May asking a judge to declare that the county election board members’ duties “are discretionary, not ministerial, in nature.” At issue is a Georgia law that says the county officials “shall” certify results after engaging in a process to make sure they are accurate.

Superior Court Judge Robert McBurney on Monday dismissed Adams’ lawsuit, saying that she had failed to name the correct party as a defendant. The Associated Press has reached out to Adams’ lawyers seeking comment on the ruling and asking if they intend to file a new complaint.