Cox v. Barber, 275 Ga. 415

568 S.E.2d 478 (2002) · Supreme Court of Georgia · August 14, 2002 · No. S02A1818

Summary

The Supreme Court of Georgia held that a statutory requirement that a Public Service Commission candidate reside in the relevant district for at least 12 months before the general election was constitutional. Because J. Mac Barber had not resided in District Four for the required period, the court concluded that the Secretary of State properly disqualified him from the 2002 election and reversed the trial court.

Holdings

  1. OCGA § 46-2-1(b) requires a candidate for the Public Service Commission to have resided in the geographic territory within the district for twelve months before the general election. The requirement is not excused because reapportionment changed the district boundaries.
  2. Applying the twelve-month residency requirement to Barber did not violate equal protection under the United States Constitution or the Georgia Constitution because the requirement was rationally related to legitimate state interests and did not impose an unreasonable burden on the right to vote or to seek public office.

Questions Presented

  1. Whether OCGA § 46-2-1(b) requires a Public Service Commission candidate to have resided in the geographic territory comprising the district for twelve months before the general election.
  2. Whether applying the twelve-month residency requirement to Barber after reapportionment violated equal protection under the United States Constitution or the Georgia Constitution.

Disposition

reversed

Cases Cited (13)

  • Mayor &c. of Hapeville v. Anderson, 246 Ga. 786, 787, 272 S.E.2d 713 (1980)(followed)
  • Griggers v. Moye, 246 Ga. 578, 272 S.E.2d 262 (1980)(analogized)
  • Lubin v. Panish, 415 U.S. 709, 715-716, 94 S. Ct. 1315, 39 L. Ed. 2d 702 (1974)(followed)
  • Bullock v. Carter, 405 U.S. 134, 143, 92 S. Ct. 849, 31 L. Ed. 2d 92 (1971)(followed)
  • Sununu v. Stark, 420 U.S. 958, 95 S. Ct. 1346, 43 L. Ed. 2d 435 (1975)(followed)
  • Chimento v. Stark, 414 U.S. 802, 94 S. Ct. 125, 38 L. Ed. 2d 39 (1973)(followed)
  • Robertson v. Bartels, 150 F. Supp. 2d 691 (D.N.J. 2001)(distinguished_from)
  • McKinney v. Kaminsky, 340 F. Supp. 289 (M.D. Ala. 1972)(distinguished_from)
  • Woodward v. City of Deerfield Beach, 538 F.2d 1081, 1082 n.1 (1976)(followed)
  • Burdick v. Takushi, 504 U.S. 428, 434, 112 S. Ct. 2059, 119 L. Ed. 2d 245 (1992)(followed)

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