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Scott K. Campv.Ryan Christopher Williams Et Al.

CourtSupreme Court of Georgia
Docket No.S23A0073
DecidedSeptember 30, 2022
Reporter314 Ga. 699
JudgesSupreme Court of Georgia
Tags
CivilElection LawGovernment LawVoting RightsStatutory InterpretationReversalRemandSpecial Concurrence
Case Summary

The Douglas County election board allowed Ryan Williams to replace a candidate whose qualifications had been successfully challenged, and Scott Camp, an eligible voter, challenged the substitution before the November 2022 election. The superior court agreed that the board lacked authority to approve the replacement but held that the statutory challenge procedure applied only to a candidate’s qualifications and not to the legality of the substitution. The Supreme Court of Georgia reversed. It held that an individual voter could invoke the statutory procedure to challenge an unauthorized candidate substitution and that the board’s lack of statutory authority prejudiced Camp’s right to a lawful election. The case was remanded for further proceedings. Justice Bethel concurred separately, emphasizing that a government entity has no authority to act beyond the statute creating its power.

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