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Scope of review limited to whether candidate met residency qualifications for office.

Topic: Elections, Decided by Judge Walker 
Docket Number: 1638940 , Decision Date: 2016-05-18 
Attachment: Click here to download the decision. 

A candidate for State House District 151 failed to establish that he met the residency requirements for that office.  The evidence showed that, as a result of decennial redistricting by the state legislature, James Ricardo Williams’s residence was moved from District 151 to District 154 [..] Read More..

Lack of utilities in candidate’s purported home refutes residence claim.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1638942 , Decision Date: 2016-04-20 
Attachment: Click here to download the decision. 

A candidate for the Georgia legislature failed to establish that he met residency requirements in the district for which he sought office where his purported home in the district was without water service during the time he claimed to have resided there.  Further, the candidate’s [..] Read More..

Personal testimony, change in address on driver’s license insufficient evidence of residency.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1555803 , Decision Date: 2015-06-08 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

A candidate for State House affirmatively established that he resided in the district for which he sought office approximately eleven months prior to the date of the election.  However, the only evidence the candidate presented to support his contention that he resided in the district [..] Read More..

Convicted felons may not register to vote absent pardon or restoration of voting rights.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1516735 , Decision Date: 2014-12-09 
Attachment: Click here to download the decision. 

Respondent, a convicted felon, violated state law by registering to vote without having pardoned or having had his rights restored.  Accordingly, he was ordered to cease and desist from violating election laws and subject to a $250.00 fine and public reprimand.

Deadline for filing challenges to the qualifications of candidates is exactly two weeks from the close of qualifying at 12:00 Noon.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1101550 , Decision Date: 2010-08-06 
Attachment: Click here to download the decision. 

Petitioner, Justin Chaney, challenged Adrienne Hunter-Strothers’ qualifications to run as a candidate for the Georgia Court of Appeals.  Petitioner filed his challenge at 1:40 p.m. on July 16, 2010, precisely two weeks, one hour and forty minutes after the close of the qualifying period at [..] Read More..

Dispute over voter’s refusal to remove campaign pin did not amount to election law violation.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1104232 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

Respondent, a voter, did not violate election laws by causing a disturbance at a polling place over her refusal to remove a pin with a photograph of Barack Obama because she did not use or threaten violence and the incident did not materially interfere with [..] Read More..

Temporary residence without the intent to change domicile does not affect legal residence.

Topic: Elections, Decided by Judge Gatto 
Docket Number: 0418340 , Decision Date: 2004-06-03 
Attachment: Click here to download the decision. 

DuBose Porter affirmatively established that he was qualified to be a candidate for the Georgia House of Representatives in District 143 through persuasive evidence of his legal residence therein.  Porter’s legal residence in District 143 was not undermined by evidence of his ownership, and part-time [..] Read More..

Candidate for Georgia House of Representatives established legal residency in appropriate district.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1238691 , Decision Date: 2012-07-09 
Attachment: Click here to download the decision. 

Ms. Carla Roberts, a candidate for the Georgia House of Representatives, established legal residency in the district for which she sought office through evidence that she maintained and furnished a home, paid utilities, received mail, registered her vehicle, and voted there.

Misinformed non-citizen voter did not violate election laws.

Topic: Elections, Decided by Judge Baxter 
Docket Number: 1103797 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

Respondent, a permanent resident, but not a citizen of the United States, did not violate election laws by registering to vote and voting in a primary election because he was unaware that he lacked the qualifications to register or vote, relied on the erroneous statements [..] Read More..

Debt to a private bank for which Federal Deposit Insurance Corporation was subsequently appointed receiver does not render candidate an “illegal holder of public funds.”

Topic: Elections, Decided by Judge Walker 
Docket Number: 1238686 , Decision Date: 2012-07-10 
Attachment: Click here to download the decision. 

Mr. William Carruth, a candidate for State Senate, established residency requirements in the Senate District where he sought office.  Mr. Carruth’s debt to the Federal Deposit Insurance Corporation (FDIC), an appointed receiver for the private bank at which he originally incurred the debt, did not [..] Read More..

President Barack Obama eligible for candidacy in the 2012 Presidential Election.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1215136 , Decision Date: 2012-02-03 
Attachment: Click here to download the decision. 

Plaintiffs alleged that President Barack Obama was not a “natural born citizen” of the United States as required by Article II of the United States Constitution and was therefore ineligible to run for the office of President of the United States.  Plaintiffs produced no competent [..] Read More..

Deputy Registrar sanctioned for soliciting voter registration applications at a private nursing home facility without authorization.

Topic: Elections, Decided by Judge Walker 
Docket Number: 119672 , Decision Date: 2011-05-25 
Attachment: Click here to download the decision. 

Respondent, the Deputy Registrar for Bulloch County, was issued a public reprimand and required to pay a civil penalty for soliciting voter registration applications at a private nursing home facility without prior authorization from the facility’s administrator.

Senate candidate established residency by demonstrating physical presence in the district and intent to remain.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1411739 , Decision Date: 2013-10-17 
Attachment: Click here to download the decision. 

The Georgia Constitution requires candidates for State Senate to have been legal residents of the district in which they are running for at least one year preceding the date of the election.  In December 2011, Matthew Laughridge, a Republican candidate for State Senate District Fourteen, [..] Read More..

Candidate’s membership on State Transportation Board did not disqualify him from running for State Senate.

Topic: Elections, Decided by Judge Walker 
Docket Number: 1238687 , Decision Date: 2012-07-11 
Attachment: Click here to download the decision. 

Neither the Georgia Constitution, nor state election law, prohibited Respondent, a member of the State Transportation Board (STB), from seeking office in Senate District 21.  The reimbursement Respondent received pursuant to STB Membership did not constitute “emoluments” that would disqualify him from candidacy.

Admission to practice law in another state may fulfill the Georgia Constitution’s requirement that potential judges “shall have been admitted to practice law for seven years.”

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1104352 , Decision Date: 2010-09-08 
Attachment: Click here to download the decision. 

The Georgia Constitution provides that “[a]ppellate and superior court judges shall have been admitted to practice law for seven years.” Secretary of State Brian Kemp challenged Ms. Adrienne Hunter-Strother’s candidacy for the Georgia Court of Appeals asserting that the valid date for determination of her [..] Read More..

Residency in Georgia for two years and residency in district for one year required.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 0829726 , Decision Date: 2008-07-10 
Attachment: Click here to download the decision. 

Respondent was not qualified to be candidate for House District 80, because he did not meet his burden of proof to show he had been a citizen of the State of Georgia for two years and a resident of House District 80 for one year [..] Read More..

Homestead exemption is not the sole factor in determining a candidate’s legal residence.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 0831497 , Decision Date: 2008-06-24 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Secretary of State Karen Handel challenged James Powell’s qualification to be a candidate for Public Service Commission, District 4, asserting that Powell’s homestead exemption for an address in Cobb County demonstrated that he resided outside of District 4.  Judge Michael Malihi concluded that Powell produced [..] Read More..

Non-Georgia resident may not run for state office.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 08995 , Decision Date: 2006-10-30 
Attachment: Click here to download the decision. 

Respondent does not meet the residency requirements to qualify as a candidate for State Senate District 1. Respondent reported his cousin’s home address in Savannah as his own.  In rebuttal, three neighbors testified that they had never seen Respondent or his vehicle at the Savannah [..] Read More..

Individual sanctioned for submitting absentee ballot application using the name of her deceased mother.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1315920 , Decision Date: 2012-12-03 
Attachment: Click here to download the decision. 

Individual who submitted an absentee ballot application in the name of her deceased mother subject to a fine and public reprimand for violations of election laws.

Homestead exemption only one factor in determining residency.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1136726 , Decision Date: 2011-07-12 
Attachment: Click here to download the decision. 

Respondent met the minimum evidentiary burden to show that he had been a legal resident in the county where he sought a House District seat at least one year prior to the date of the election.  Respondent presented a lease agreement for a residence in [..] Read More..

Candidate, Ralph David Abernathy III, disqualified from running for State Senate seat due to bounced check.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 98-005-60 , Decision Date: 1998-07-08 
Attachment: Click here to download the decision. 

Mr. Ralph David Abernathy III, the incumbent Senator for Senate District 38, submitted a personal check to pay his qualifying fee.  When this personal check was returned for insufficient funds after the close of the qualifying period, the Secretary of State was authorized to remove [..] Read More..

Ownership of property outside of district where candidate seeks office insufficient to undermine persuasive evidence of legal residency.

Topic: Elections, Decided by Judge Gatto 
Docket Number: 0418341 , Decision Date: 2004-06-02 
Attachment: Click here to download the decision. 

Mr. Ralph Hudgens established that he was qualified to run for State Senate in District 47 through persuasive evidence that he was a legal resident of that district.  The fact that Hudgens owned, and sometimes stayed in, property outside of District 47 did not disqualify [..] Read More..

Confrontation at Elections Board Office did not rise to the level of election law violation.

Topic: Elections, Decided by Judge Miller 
Docket Number: 1104233 , Decision Date: 2010-11-16 
Attachment: Click here to download the decision. 

A confrontation at an Elections Board Office instigated by Respondent during early voting did not amount to an election law violation where Respondent did not use or threaten violence and the incident did not materially interfere with the execution of poll officer duties.

Georgia law did not render qualifications for Public Service Commission candidates identical to those of gubernatorial candidates.

Topic: Elections, Decided by Judge Gatto 
Docket Number: 00-21599 , Decision Date: 2000-05-01 
Attachment: Click here to download the decision. 

The requirement under Georgia law that the election of PSC Commissioners be held under “the same rules and regulations as apply to the election of [the] Governor” does not impose on PSC candidates qualification criteria identical to those of candidates for Governor, such as a [..] Read More..

Redistricting caused candidate’s residence to fall outside Senate District.

Topic: Elections, Decided by Judge Malihi 
Docket Number: 1452369 , Decision Date: 2014-05-16 
Attachment: Click here to download the decision. 

A senatorial candidate seeking office in Senate District 48 did not meet residency requirements that would enable him to run for office in that district because a redistricting plan, effective at the beginning of the 2014 election cycle, placed his home address within Senate District [..] Read More..

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