ELECTION 2024:  Candidate cleared to run for Court of Appeals judgeship; petition for judicial review dismissed as moot

Jeffrey Davis, a candidate for the Georgia Court of Appeals, faced a challenge to his qualifications for the judgeship.  The requirement in question comes from the Georgia Constitution, which states that judge “shall reside in the geographical area in which they are selected to serve.”

Following a hearing, the OSAH Judge concluded the constitutional provision only requires the candidate to be a resident as of the day he is elected.  The Judge’s Initial Decision stated that, since this particular candidacy challenge was raised months before the election in question, question of residency was not ripe for adjudication.

In his Final Decision, the Secretary of State rejected the OSAH Judge’s ruling, concluding instead that it was not necessary to resolve the issue of ripeness because Mr. Davis met his burden of proof during the hearing that he qualified for office.  Mr. Davis therefore remained on the ballot for the election on May 21, 2024.

The individual challenging Mr. Davis’s candidacy, Randolph Frails, sought judicial review of the Final Decision in the Superior Court of Fulton County, Case No. 24-cv-00634.  The superior court dismissed Mr. Frails’ petition, on the grounds that the election in May 2024 had since taken place and the results had been certified; hence, the entire challenge was now moot.