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Randolph County v. Johnson

The appeal relating to the sufficiency of a nomination petition was moot after the election took place.

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The question for decision in this case is whether an appeal from a writ of prohibition preventing the board of elections from conducting a hearing on the sufficiency of a candidate whose name was already placed on the ballot is moot after the occurrence of the general election. The short answer is “yes.” After deciding to seek re-election to the Randolph County Board of Commissioners, Johnson filed his nomination petition. At the time, the Probate Judge of Randolph County served as the election superintendent by operation of law. The election superintendent/probate judge accepted Johnson’s petition and placed his name on the general election ballot.

Thirty days after the U.Attorney General pre-cleared Georgia, the board of elections resumed its election responsibilities. The board of elections then noticed an insufficiency in Johnson’s nomination petition and in turn, scheduled a hearing for November 1, 2006, six days before the general election, to address the alleged insufficiency. In response, Johnson petitioned the Superior Court of Randolph County for a writ of prohibition to prevent the board of elections from going forward with the hearing. On November 1, 2006, the superior court granted Johnson’s petition, prohibiting the board of elections from holding the hearing.

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