Horton v. Johnson, 287 Ga. 743

Summary

The Supreme Court of Georgia held that the Telfair County Tenure Law barred Raford Horton from qualifying as a candidate for Telfair County Commissioner after he had served two successive terms as Telfair County Coroner. The court distinguished Bradfield v. Wells and concluded that coroners were constitutional county officers covered by the tenure restriction when the local constitutional amendment was adopted.

Holdings

1. The Telfair County Tenure Law barred Horton from being elected in 2010 to the office of Telfair County Commissioner because he had served two successive terms as Telfair County Coroner from 2001 to 2008.

Questions Presented

1. Whether the Telfair County Tenure Law applies to a former county coroner seeking election to the office of county commissioner.
2. Whether the 1963 local constitutional amendment remained applicable to county coroners after the Georgia Constitution of 1983 reorganized constitutional provisions concerning county officers.

Disposition

affirmed