Would-Be Candidate Challenges Secretary of State for Canceling Supreme Court Election
Freeman Mathis & Gary partner Beth Beskin is asking a judge to order the Georgia secretary of state to hold an election for the post that Justice Keith Blackwell announced last week he intends to vacate next November.
March 04, 2020 at 03:41 PM
4 minute read
A candidate for the Supreme Court of Georgia has asked a Fulton County judge to order Georgia's secretary of state to hold an election for a post that Justice Keith Blackwell will vacate in November.
Attorney Beth Beskin—a former state legislator and a partner at the Atlanta offices of Freeman Mathis & Gary—filed the petition for a writ of mandamus on Wednesday after Secretary of State Brad Raffensperger's staff refused to allow her to qualify as a candidate. Beskin said in her petition that she was informed Tuesday that Raffensperger canceled an election for Blackwell's post and said Raffensperger also removed all references to the election from his website.
Blackwell's term expires Dec. 31, and he was scheduled to face reelection in May. Qualifying as a candidate for the post ends Friday. But on Feb. 26, Blackwell notified Gov. Brian Kemp and the media that he intends to resign, effective Nov. 18.
In the meantime, Blackwell remains active on the court, participating in rulings, collecting a paycheck and building equity in his state judicial pension. Once Blackwell officially vacates the seat in nine months, the governor contends he will then appoint Blackwell's successor, Beskin's mandamus petition says.
Beskin's petition asserts that Blackwell's declaration of his intention to vacate the Supreme Court bench nine months from now means his seat is not really vacant and that the Secretary of State "is obligated" to proceed with an election for Blackwell's post.
Beskin is represented by Cary Ichter of Atlanta's Ichter Davis.
"The issue and the answer here seem pretty simple and clear," Ichter said. "Whether Justice Blackwell's seat is vacant and whether it will be on the May 2020 judicial election date. Given that the effective date of the resignation is November 18, 2020, the answer is clearly 'no.' If there is no vacancy, the governor has no power to appoint a successor, and the power to select the next justice of the Supreme Court resides in the people."
Beskin's petition contends that Raffensperger's decision could create a precedent to avoid all future judicial elections.
"Incumbent members of the judiciary could announce their departure from the bench prior to a scheduled election but months ahead of actually resigning and deprive voters of the right to select their successors and deprive other candidates of the right to compete for their seat," the petition says.
Beskin is not the only candidate who was turned away when attempting to qualify to run for Blackwell's post.
Former U.S. Rep. John Barrow also tried to qualify and said he was told that Kemp considers Blackwell's slot to be vacant and that he intends to fill the office by appointment in November once Blackwell steps down.
In a letters sent to Beskin and Barrow, Ryan Germany—the secretary of state's general counsel—said Blackwell's resignation occurred before the expiration of his current term of office, and that the governor informed Raffensperger he considers it a vacancy he can fill by appointment.
"After speaking with the Attorney General's office about the situation, or office determined that the most prudent course of action was to cancel qualifying for that seat and did so on March 1," Germany wrote.
A Raffensperger spokesman referred questions to Georgia Attorney General Chris Carr, whose spokeswoman said any discussions about an election for the position are covered by "attorney-client privilege."
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