The City of Riverdale held its general election on November 6, 2007. In the Ward 2 race, Georgia Randall Fuller ran against three other candidates, Michael Bruce, Wayne Hall, and Roberto Advincula. In the Ward 4 contest, the candidates were Stan Harris and Kenny Ruffin. Bruce and Hall received the most votes in the Ward 2 race, but neither candidate received enough votes to avoid a runoff. Ruffin won the Ward 4 race outright. One week later, Fuller and Harris filed a petition to contest the general election on grounds of fraud, misconduct, irregularity and illegality. They sought a judgment declaring the results of the November 6 general election invalid, and staying the December 4 runoff election. The case proceeded to trial on December 3, 2007. Finding no evidence of fraud, misconduct, irregularity or illegality, the court rendered judgment in favor of defendants, and refused to enjoin the runoff election. Later that day, petitioners asked this Court for a stay, which was denied. The runoff election, which Hall won, took place the next day, December 4. Petitioners filed an “expedited notice of appeal” on December 10.
1. Election results are presumed to be valid. Thus, “one challenging the results bears the burden of showing that the results are invalid due to an irregularity sufficient to place the entire election in doubt.” McCranie v. Mullis , 267 Ga. 416 478 SE2d 377 1996. In this case, where the focus is on improperly cast ballots or irregularities in the conduct of the election, the number of illegal or irregular ballots necessary to cast doubt on an election is derived by taking the difference between the total votes cast in the election and the race at issue, and adding the margin of victory in the race at issue. Id., fn 5. Compare Mead v. Sheffield , 278 Ga. 268 601 SE2d 99 2004 where alleged irregularity focuses on the ballots themselves, not the manner in which they were cast, the number of votes necessary to cast the result of the election in doubt is ascertained only by the margin of victory.
