Appellant Dana Meade and Appellee Tim Williamson were the candidates on the ballot in a run-off election in the Democratic primary for Sheriff of Baker County.1 Meade is the incumbent in the race and was, at the time of the election, serving as Sheriff. The election was held on August 21, 2012. A total of 1,353 votes were cast in the race and Meade was declared the winner by a margin of 39 votes. Williamson timely filed a petition in the Superior Court of Baker County contesting the results of the election. After a bench trial, the trial court issued an order setting forth findings of fact and reaching the conclusion that sufficient irregularities in voting and in the election process were shown to cast doubt upon the election result. The election was declared invalid and a new election was ordered.2
“It is presumed that election returns are valid, and the party contesting the election has the burden of showing an irregularity or illegality sufficient to change or place in doubt the result of the election.” Banker v. Cole, 278 Ga. 532, 535 4 604 SE2d 165 2004 citations and punctuation omitted. On the other hand, “a trial court’s findings in an election contest will not be disturbed unless clearly erroneous.” Id. at 533 1 citations and punctuation omitted. Based upon this Court’s review of the evidence presented at the bench trial, we find the contestant in this case did not meet the evidentiary burden and that the trial court committed factual and legal errors in its ruling. This Court has set aside elections under two different circumstances. In the majority of cases in which this Court has affirmed an order setting aside an election, we have required the evidence to “show that a sufficient number of electors voted illegally or were irregularly recorded in the contest being challenged to change or cast doubt upon the election.” McCranie v. Mullis, 267 Ga. 416 478 SE2d 377 1996.3 This Court has also recognized that the result of an election may be voided where systemic irregularities in the process of the election are sufficiently egregious to cast doubt on the result. See Stiles v. Earnest, 252 Ga. 260 3 312 SE2d 337 1984. The evidence presented at trial meets neither of these standards. The evidence failed to establish a sufficient number of specific irregular or illegal ballots that would change or place in doubt the results of the election. Further, this Court rejects the trial court’s finding that sufficient irregularities in the election process were shown to cast doubt upon the results. Accordingly, we reverse the order invalidating the August 21, 2012 run-off election in the Democratic primary for Sheriff of Baker County.
