A judge denied Georgia Gov. Brian Kemp‘s (R-Georgia) effort to avoid testifying before an Atlanta-area grand jury investigating possible 2020 election fraud by former President Donald Trump and his allies but agreed that Kemp would not have to appear prior to the midterm election where he is running for another term.

“The governor is in the midst of a re-election campaign and this criminal grand jury investigation should not be used by the District Attorney, the Governor’s opponent, or the Governor himself to influence the outcome of that election,” the decision from Fulton County Superior Court Judge Robert McBurney read. “Once the election is over, the Court expects the Governor’s legal team promptly to make arrangements for his appearance.”

Kemp, who drew Trump’s ire for refusing to use his position to overturn the election in Georgia, is set to face off against Democratic nominee Stacey Abrams in November.

The governor’s office responded to the Monday ruling.

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“Judge McBurney acknowledged the potential political impact of the timing of these proceedings and correctly paused the Governor’s involvement until after the November election,” the statement read. “Just as we have since April 2021, we will work with the DA’s office and the judge to ensure a full accounting of the Governor’s limited role in the issues being investigated is available to the special grand jury.”

The special grand jury was formed as a part of Fulton Country District Attorney Fani Willis‘ investigation into possible election fraud. The investigation is centered around a January 2021 call between Trump and Georgia Secretary of State Brad Raffensperger (R) in which Trump urged Raffensperger to “find the votes” to hand Trump a win in the traditionally red state. President Joe Biden won the state by just 12,000 votes.

Since then, the probe has expanded. Subpoenas have been issued to many people close to Trump such as Sen. Lindsey Graham (R-South Carolina), and Trump’s former personal attorney, Rudy Giuliani, has been named a target of the criminal investigation.

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