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Meadev.Williamson

CourtSupreme Court of Georgia
Docket No.S13A0517
DecidedJune 3, 2013
Reporter293 Ga. 142; 745 S.E.2d 279; 2013 Fulton County D. Rep. 1678; 2013 WL 2372260; 2013 Ga. LEXIS 502
JudgesSupreme Court of Georgia
Tags
CivilElection LawGovernment LawCivil ProcedureEvidenceStatutory InterpretationReversalDirect Appeal
Case Summary

Dana Meade, the incumbent sheriff of Baker County, won a Democratic primary runoff by 39 votes. Tim Williamson challenged the result, pointing to allegedly unqualified assistance, address discrepancies, incomplete oaths, and fourteen absentee ballots that appeared altered. The trial court ordered a new election. The Supreme Court of Georgia reversed. Election returns are presumed valid, and the contestant must show irregularity or illegality sufficient to change or place the result in doubt. The court held that the specific ballot issues did not meet that burden. Some address discrepancies were authorized temporary mailing addresses, and the ballots contained the required voter and assistant oaths. Even assuming that the fourteen marked ballots were invalid, the number would not change the result, and the record did not show who altered them or that the official envelopes had been tampered with. The court also rejected the claim of systemic irregularities, explaining that speculation and isolated procedural problems were insufficient to establish a debased election process. The judgment ordering another election was therefore reversed, and the original result remained valid.

Opinion

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