CopyCited 16 times | Published | Supreme Court of Georgia | Apr 28, 1997 | 267 Ga. 873, 97 Fulton County D. Rep. 1433
...On December 18, over one month after the general election, appellant filed a motion for supersedeas and stay seeking to stay the January 1, 1997 swearing in of appellee as Wilkinson County Sheriff. The motion was denied on December 27, 1996. Article 13 of the Georgia Election Code, OCGA §
21-2-520 et seq., embodies the controlling statutes which establish the procedures for contesting both primary and general elections, from commencement of the action to final disposition in the appellate courts....
CopyCited 10 times | Published | Supreme Court of Georgia | Oct 31, 2019
...da J. Martin
(an “aggrieved elector”), Jeanne Dufort (an “aggrieved elector”), and
Smythe DuVal (a voter and the Libertarian Party candidate for
Secretary of State of Georgia in the November 2018 election) — filed
a petition under OCGA §
21-2-520 et seq....
...experts to look at the internal memory and programming” of the
8 Specifically, the trial court ruled that the Secretary of State was an
improper party as to the state law election contest claim because the Secretary
was not a permissible defendant under OCGA §
21-2-520 (2), and granted as
unopposed the portion of Defendants’ motion to dismiss that contended that
the Coalition lacked standing to bring a state law election contest claim....
CopyCited 10 times | Published | Supreme Court of Georgia | May 3, 1993 | 263 Ga. 111, 93 Fulton County D. Rep. 1766
...Appellant Bailey and appellee Colwell were candidates in the November 1992 general election for the seat in the Georgia House of Representatives from the Seventh District. After Colwell was certified the winner with a margin of 101 votes, Bailey filed a contest to the election (see OCGA §
21-2-520 et seq.), contending there were irregularities in the processing of absentee ballots....
CopyCited 7 times | Published | Supreme Court of Georgia | Nov 17, 2008 | 284 Ga. 641, 2008 Fulton County D. Rep. 3671
...Johnson,
282 Ga. 160(1),
646 S.E.2d 261 (2007). [2] This is not a case involving a proper post-election challenge that could survive on appeal after the occurrence of the election. See, e.g., Allen v. Yost,
281 Ga. 102,
636 S.E.2d 517 (2006); OCGA §§
21-2-520 (allowing candidate to "contest the result of any primary or election");
21-2-503(b) ("the election of [a] person to [a municipal office] may be contested in the manner provided by this *99 chapter") (emphasis supplied)....
CopyCited 7 times | Published | Supreme Court of Georgia | Jun 1, 1998 | 269 Ga. 582, 98 Fulton County D. Rep. 1850
...She did not make a contemporaneous request that her appeal be expedited and, on January 1, 1998, Mr. Grant took office as Mayor. Appellees have filed a motion to dismiss, asserting that, under these circumstances, Ms. Caplan's appeal has become moot. Article 13 of the Georgia Election Code, OCGA §§
21-2-520 et seq., sets forth the mechanisms for expediting an election contest in the trial and appellate courts....
CopyCited 6 times | Published | Supreme Court of Georgia | Oct 16, 2006 | 281 Ga. 102, 2006 Fulton County D. Rep. 3174
...uperior court prior to the election, or to exercise his right under OCGA §
21-2-6(e) to seek a stay of the election, we held that the appeal was rendered moot by the election. Obviously, Jordan did not involve an election contest brought under OCGA §
21-2-520 et seq., which by its terms, allows a candidate "to contest the result of any primary or election," OCGA §
21-2-520(1)....
CopyCited 5 times | Published | Supreme Court of Georgia | Sep 17, 2024 | 319 Ga. 794
...qualifying for filing a complaint with the superintendent and a ten-
9
day deadline for appealing to a superior court a superintendent’s
decision on such a challenge. See OCGA §
21-2-6 (b), (e). This action
is not an election contest under OCGA §
21-2-520 et seq....
CopyCited 4 times | Published | Supreme Court of Georgia | Aug 13, 2024 | 319 Ga. 543
...election.
special election. Based on this Court’s long-standing precedent
setting out prudential reasons for refusing to invalidate an election
where the challenger has not acted with dispatch to litigate his
election contest claims under OCGA §
21-2-520 et seq....
...ated seat of
District 2 for Chatham County Commissioner. The Chatham County
Board of Elections (the “BOE”) certified the results on September
25, which resulted in a runoff. On September 29, Miller filed a
“Contest Petition Under OCGA [§]
21-2-520 et[ ] al., OCGA [§] 21-2-
521, OCGA [§]
21-2-522 et[ ] seq., Contesting the Special Election of
District 2 County Commissioner” (the “Petition”), in which he
alleged that Hodge was ineligible to run and that there were failures
b...
...n appeal where it
affirmatively appears that a decision would be of no benefit to the
complaining party.” (citation and punctuation omitted)). Despite our
consistent usage of this term in our prior election cases, for claims
brought under OCGA §
21-2-520 et seq., the occurrence of a
11
subsequent election does not affect this Court’s authority to direct a
trial court to declare an election result invalid and to call for a new
election, so the occurr...
...qualifications prior to the time that voters exercise their
constitutional right to vote.”).
Although none of these prudential considerations remove or
otherwise diminish this Court’s authority to order new elections
when authorized to do so under OCGA §
21-2-520 et seq., they do
inform the circumstances under which this Court may choose to
impose such a drastic remedy....
...circumstances, although we make clear that we do not apply those
13
principles on the basis of “mootness.”6 Instead, we clarify that these
considerations are prudential ones, grounded in the statutory
framework of OCGA §
21-2-520 et seq., and once again “reaffirm that
litigants in election contests have a duty to expedite resolution of
the dispute” before an election is held and that the failure to “make
every effort to dispose of election disputes with d...
...dictate[s] that we uphold the trial court’s
determination that . . . this case requires dismissal of Swain’s
election contest petition.”).
6 We emphasize that we are applying these prudential considerations to
Miller’s election contest claims under OCGA §
21-2-520 et seq., and that it may
be proper under other circumstances for a court to determine that an election
challenge is moot after a subsequent election takes place....
CopyCited 3 times | Published | Supreme Court of Georgia | Oct 16, 2006 | 281 Ga. 105
...it, because Brodie failed to name the Board as the proper party defendant. Specifically, she contends that since the Board was under contact with the City of Atlanta to act as superintendent, the Board was the proper party defendant pursuant to OCGA §
21-2-520(2)....
...Brodie claims that, had the nine write-in ballots been counted, a run off vote would have been required, as neither he nor Fauver would have received a majority of the total votes cast to be declared the outright winner. See OCGA §
21-2-2 § 5.1. [2] According to OCGA §
21-2-520(2), a "defendant" in an election contest can be, (A) The person whose nomination or election is contested; (B) The person or persons whose eligibility to seek any nomination or office in a run-off primary or election is contested; (C) The...
CopyCited 2 times | Published | Supreme Court of Georgia | Sep 21, 2021 | 312 Ga. 523
...election process and
as a means of ensuring the fundamental right of citizens to vote and
to have their votes counted accurately.” Martin v. Fulton County Bd.
of Registration and Elections,
307 Ga. 193, 194 (835 SE2d 245)
(2019); see also OCGA §
21-2-520 et seq....
CopyCited 1 times | Published | Supreme Court of Georgia | Dec 10, 2024 | 320 Ga. 502
...nial of
her pre-primary petition for review. On June 25, we denied that
application in Case No. S24D1153.
In the meantime, Peterson filed her verified post-primary
petition in superior court on May 30, nine days after the primary.
See OCGA §
21-2-520 et seq....
CopyPublished | Supreme Court of Georgia | May 28, 2025
...e should not expand
it as the majority does here. Our past decisions have all applied the
dispatch doctrine in cases brought under our Elections Code, and we
have expressly said that the doctrine is “grounded in the statutory
framework of OCGA §
21-2-520 et seq.,” which provides that strict
set of expedited deadlines and requirements for election contests.
Miller, 319 Ga....
