Summary
The Georgia Supreme Court affirmed a trial court ruling that Paul Harvey was ineligible to serve as mayor of Lenox because he was not a registered voter. Applying Georgia constitutional, charter, and election-registration requirements, the court held that James Robinson was the duly elected mayor.
Topics
Practice areas
Questions Presented
- Whether a candidate who is not a registered voter is constitutionally and charter-ineligible to hold the office of mayor.
- Whether the trial court correctly declared the opposing candidate duly elected after determining that the candidate who received the most votes was ineligible.
Holdings
- A person whose name does not appear on the official list of eligible and qualified registered voters is not a registered voter, is ineligible to vote, and does not satisfy the Georgia Constitution's requirement that an officeholder be a registered voter.
- The trial court correctly held that Robinson was the duly elected mayor because Harvey's ineligibility prevented him from satisfying the constitutional qualifications for the office.
Key quotations
“No person who is not a registered voter . . . shall be eligible to hold any office or appointment of honor or trust in this state.” (278 Ga. at 333)
“Because he was not registered to vote, he did not meet the constitutional requirements to hold the office that he sought.” (278 Ga. at 334)
Factual background
Paul Harvey received 30 more votes than incumbent James Robinson in the November 2003 Lenox mayoral election. Harvey was not listed on either the municipal list of electors or the Secretary of State's official list of eligible and qualified voters. The trial court consequently determined that Harvey was not a registered voter and was constitutionally ineligible to hold the office of mayor.
Procedural history
In the November 2003 election for mayor of Lenox, Paul Harvey received 30 more votes than incumbent James Robinson. Robinson filed an election challenge under OCGA § 21-2-524, asserting that Harvey was ineligible because he was not a qualified elector. After a hearing, the trial court ruled that Harvey was not eligible to hold office and that Robinson was the duly elected mayor; Harvey appealed.