Washington v. Albany-Dougherty Board of Elections

Full title: WASHINGTON v. ALBANY-DOUGHERTY BOARD OF ELECTIONS

Court: Supreme Court of Georgia

Date published: Sep 15, 1997

493 S.E.2d 190 (Ga. 1997)

493 S.E.2d 190

Opinion

S97A0916.

DECIDED SEPTEMBER 15, 1997. RECONSIDERATION DENIED OCTOBER 10, 1997.

Election Contest. Dougherty Superior Court. Before Judge Altman, from Southern Circuit.

Bob Washington, pro se.

William S. Lee, IV, for appellee.

FLETCHER, Presiding Justice.

After successfully challenging the July democratic primary for district three of the Dougherty County Commission, Bob Washington filed a challenge to the second democratic primary held in November, 1996, in which he lost by 1171 votes. The trial court granted two continuances to allow Washington to serve the State Election Board as required by O.C.G.A. § 21-2-524 (b), to verify the petition as required by O.C.G.A. § 21-2-524 (d), and to otherwise comply with the election code. Because Washington failed to serve the Board in a timely manner or to verify the petition, the trial court dismissed the petition. Washington was given ample opportunity to correct substantive deficiencies in his petition, but failed to do so. Therefore, the trial court did not err in dismissing the petition.

Judgment affirmed. All the Justices concur.

FLETCHER, Presiding Justice.

DECIDED SEPTEMBER 15, 1997. RECONSIDERATION DENIED OCTOBER 10, 1997.