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Lucken v. Falligant
Citations: 243 Ga. 816; 256 S.E.2d 788; 1979 Ga. LEXIS 1078Docket: 34757
Court: Supreme Court of Georgia; June 20, 1979; Georgia; State Supreme Court
Residents and registered voters of Vernonburg, Georgia, filed a petition for a writ of mandamus against the city’s Election Superintendent and the governing council, following a municipal election held on May 3, 1978. The election was contested as a majority of voters wrote in names and struck the printed candidates from the ballot, opposing the slate of commissioners. The Election Superintendent, J. Daniel Falligant, refused to certify the write-in candidates as winners and did not administer the oath of office, claiming this action violated their voting rights under both the U.S. and Georgia Constitutions. The trial court heard the case, with the parties agreeing on key facts: the election was regularly scheduled, no qualified candidates were opposed on the ballot, and the write-in candidates received no prior notice of candidacy. The court dismissed the case, stating that the appellants failed to provide required notice to the State Election Board, as mandated by the Municipal Election Code. This omission was deemed a critical defect in their petition, leading to the affirmation of the dismissal. All justices concurred in the judgment except for Justice Hill, who concurred specially.