...The City of Atlanta contracted with the Board of Registration and Elections (Board) to act as superintendent for the election. In tabulating the number of votes cast, the Board did not consider nine write-in ballots that had been submitted for unqualified candidates. See OCGA § 21-2-494. Brodie challenged the election in a lawsuit against Fauver and two members of the Board, Gloria Champion and Juanita Eber, asserting *512 that OCGA § 21-2-494 was unconstitutional. [1] Fauver moved to dismiss the complaint. The trial court concluded that OCGA § 21-2-494 was constitutional, and in a separate order denied Fauver's motion to dismiss. In Case No. S06A1029 Brodie claims that the trial court erred in concluding that OCGA § 21-2-494 is constitutional. In Case No. S06X1030, Fauver appeals from the denial of her motion to dismiss. We affirm in both cases. Case No. S06A1029 Brodie claims that OCGA § 21-2-494 is unconstitutional because it impermissibly allows the exclusion of votes for write-in candidates and because it does not require that voters be provided with notice that write-in votes for unqualified candidates would not be counted....

...nicipal elections in the case of a general election." It is undisputed here that the nine write-in votes were cast for individuals who were not eligible to hold office, as these people did not give proper notice of their intention of candidacy. OCGA § 21-2-494 operates in tandem with OCGA § 21-2-133 by, providing that "Mlle superintendent, in E computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of inten...

...Indeed, if votes were counted for unqualified write-in candidates, it would lend legitimacy to candidates that the legislature has already determined to be ineligible for office. Thus, the same constitutional power that authorized the General Assembly to pass OCGA § 21-2-133 also authorized it to pass OCGA § 21-2-494....

...tes for unqualified candidates were ignored by the Board is still incorrect. The Board did consider such write-in votes, as it was required to, in order to determine whether the votes had been cast for constitutionally qualified candidates. See OCGA § 21-2-494....

...Brodie's argument to the contrary notwithstanding, the result here is consistent with our holding in Thompson. The legislature properly exercised its power when it limited the counting of writein votes to votes cast for qualified write-in candidates. We further find no merit to Brodie's argument that OCGA § 21-2-494 is unconstitutional for failing to require that voters be given notice that write-in votes for unqualified write-in candidates would not be counted. Indeed, OCGA § 21-2-494 itself expressly states that "only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates" will be counted....