Allen v. Yost

The city council candidate timely filed her challenge under O.C.G.A. § 21-2-524 a to an election she lost by one vote, by filing it on the same day that the recount results were certified.

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Appellant Carolyn C. Allen and appellee Charlie Sanders were candidates for the office of City Council for Ward 5 in the city of Dawson, Georgia. The election was held on November 8, 2005, and the results were consolidated and certified on the next day. Sanders was declared the winner by one vote. Allen requested and received a recount of the election results under OCGA § 21-2-495, but the outcome remained the same. Thereafter, Allen filed a petition against City of Dawson Election Superintendent Pat Yost, Charlie Sanders and others appellees herein, contesting the results of the election. Sanders filed a motion to dismiss claiming that Allen’s petition was moot because she failed to bring her claim prior to the election. After hearing argument on the motion to dismiss, but prior to a scheduled evidentiary hearing on the merits of the petition, the trial court entered an order granting Sanders’ motion to dismiss. We reverse.

Allen brought her claim specifically invoking OCGA § § 21-2-521 and 21-2-522 1 and 3. OCGA § 21-2-521 allows a candidate to contest “the election of any person who is declared elected” to the office for which that candidate ran. OCGA § 21-2-522 sets forth the grounds available to contest election results. Allen’s petition alleged that the election results were placed in doubt due to misconduct, fraud, or irregularity by election officials, OCGA § 21-2-522 1; and that illegal votes were cast in the election sufficient to change or place in doubt the result, OCGA § 21-2-522 3.1 Such petition is timely if it is filed within five days of the official consolidation of the returns or, in the case of a recount, within five days after consolidation and certification of the results of the recount. OCGA § 21-2-524 a. Allen’s petition was filed on the same day that the recount results were certified.

Allen v. Yost

The city council candidate timely filed her challenge under O.C.G.A. § 21-2-524 a to an election she lost by one vote, by filing it on the same day that the recount results were certified.

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