X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

James Curtis Bray filed a timely application to enter the 2007 race for mayor of the City of Greenville, with the election scheduled to take place on November 6, 2007. On September 10, 2007, Rodney Garrett, a citizen of Greenville, filed with the Greenville Elections Superintendent a challenge to Bray’s qualifications to hold the office of mayor. The basis of the challenge was that Bray had not been a resident of Greenville for the required six months prior to the scheduled time for the election. The challenge was heard before the Elections Superintendent on October 12, and the Superintendent ruled that Bray was not a resident of Greenville. The Superintendent disqualified Bray from participating in the election, and on October 25, 2007, Bray filed a petition to reverse the Superintendent’s decision in the Superior Court of Meriwether County. The superior court reversed the prior ruling of the Elections Superintendent, and in a November 1, 2007 order, it declared that Bray was qualified to run in the mayoral election and ordered the City of Greenville to hold the November 6 general election. Bray won the race for mayor, and the City then filed an appeal from the trial court’s November 1 order on November 13, 2007, arguing that the superior court erred in reversing the decision of the Elections Superintendent.1 Regardless of the substantive merits or lack thereof relating to the City’s claims, the appeal before us is moot. The issues in this case involve a pre-election challenge to a candidate’s qualifications, and the failure of an interested party to seek a stay of the election prior to the general election taking place. See Jordan v. Cook , 277 Ga. 155 587 SE2d 52 2003; Randolph County v. Johnson , 282 Ga. 160 1 646 SE2d 261 2007.2 This is not a case involving a proper post-election challenge that could survive on appeal after the occurrence of the election. See, e.g., Allen v. Yost , 281 Ga. 102 636 SE2d 517 2006; OCGA § 21-2-520 allowing candidate to “contest the result of any primary or election”; OCGA § 21-2-503 b “the election of a person to a municipal office may be contested in the manner provided by this chapter” emphasis supplied. Therefore, the present appeal must be dismissed as moot. Randolph County , supra, 282 Ga. at 160.

Appeal dismissed . All the Justices concur .

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›

Our client, a boutique plaintiffs firm is seeking to hire a junior to mid-level litigation associate to join its growing team. Hired associ...


Apply Now ›