Broughton v. Douglas County Bd. Of Elections

O.C.G.A. § 21-2-524 a measures the 5-day period starting from certification by the election official having responsibility for taking such action, and not the Secretary of State.

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In the general election held in Douglas County on November 4, 2008, James Quarterman was a candidate for Chairman of the Board of Commissioners, and Derrick T. Broughton was a candidate for Sheriff. On November 7, the Chairman of the Douglas County Board of Elections and Registration signed a consolidated certification of election returns, which showed that Quarterman and Broughton Appellants lost their respective races. The Secretary of State received that certification on November 9. After a mandatory recount in the race for Tax Commissioner was conducted on November 12, the Board re-certified the election results for that office on November 14. On November 17, Appellants filed a petition, naming as defendants the Board, the Election Supervisor, the Commission Chairman, and the Sheriff Appellees, to contest the election and to stay certification of the results. On December 15, the Election Supervisor, who is not a member of the Board, sent a letter to the Secretary of State containing a “corrected version of our certified results.” Neither the original nor the purportedly corrected election results brought either Appellant within the one percent margin required for a mandatory recount pursuant to OCGA § 21-2-495 c. After a hearing, the trial court granted a motion to dismiss filed by Appellees, ruling that the petition was not timely filed “within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action . . . .” OCGA § 21-2-524 a. Broughton appeals in Case Number S09A1445, and Quarterman appeals pro se in Case Number S09A1446.

1. Both Appellants contend that the trial court erred in ruling that certification by the Board of Elections and Registration triggers the five-day filing period.

Broughton v. Douglas County Bd. Of Elections

O.C.G.A. § 21-2-524 a measures the 5-day period starting from certification by the election official having responsibility for taking such action, and not the Secretary of State.

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