Georgia Supreme Court rules in favor of Baker County Board of Education member

ATLANTA — The Georgia Supreme Court has ruled in favor of Brendette Williams, who more than a year ago won a Democratic primary election for a seat on the Baker County Board of Education, then ran unopposed and was elected to the seat in November’s general election.

The unanimous ruling throws out a judge’s refusal to dismiss a lawsuit by Williams’ primary election opponent, Sharon Heard, who challenged the election as fraudulent and irregular.

“We conclude that Heard’s challenge to the primary election is now moot, and we therefore vacate the trial court’s order and remand this case for the contest action to be dismissed,” Justice Michael P. Boggs wrote for the court.

Williams and Heard ran for the Elmodel District seat on the board in the primary election held May 24, 2016. Following Heard’s defeat by 21 votes, the results were certified on May 27 as accurate, but Heard requested a recount. On June 3, a recount was conducted, and the results were re-certified as accurate.

Heard filed a “petition to contest primary election,” alleging “misconduct, fraud or irregularity” on the part of the Baker County Board of Elections, claiming some poll workers urged voters in the polling place to vote for Williams.

Judge O. Wayne Ellerbee, a retired Juvenile Court judge, was appointed to preside over the matter. Williams presented a motion asking to intervene as a party in the case, as well as motions asking the judge to dismiss Heard’s petition as having been filed too late and asking the judge to recuse himself because he was not qualified to preside over the action. The judge granted Williams’ motion to intervene and also granted Heard’s request to access election materials, which included the recertification of results from the June 3 primary.

The trial court denied Williams’ motion to dismiss the case and her motion to disqualify the judge. The general election was held Nov. 8, 2016, and Williams, who was unopposed, was elected to the School Board.

On Nov. 14, 2016, the state’s highest court granted Williams’ application to appeal the trial court’s denial of Williams’ motions. In her appeal, Williams argued that Heard’s challenge was moot because there had been a general election since the primary, and even if it were not moot, the trial court erred in denying the motion to dismiss because Heard missed the deadline for filing her petition to contest the primary results.

Williams also argued the trial court erred in denying Williams’ motion asking the judge to disqualify himself.

“[T]he established rule in Georgia is that a primary election contest becomes moot after the general election has taken place,” the Supreme Court’s opinion said.

“Heard could have requested an expedited hearing on her contest petition in the trial court, moved to stay the general election, or requested expedited consideration of Williams’ application for interlocutory appeal,” the opinion said. “But Heard took no action to ensure that her challenge to the primary election result was considered in a timely manner.”

Since the high court has ruled that Heard’s challenge is moot, it does not address Williams’ motion asking the court to dismiss Heard’s petition as untimely. The court did rule on Williams’ motion asking Ellerbee to be disqualified.

“We hold that he does not so qualify, and that a different judge, who satisfies the requirements of Georgia Code § 21-2-523 must be selected to preside,” the opinion said.

The statute states that, “The Superior Court having jurisdiction of a contest case governed by this article shall be presided over by a Superior Court judge or senior judge.” Therefore, “upon remand, in compliance with § 21-2-523, a Superior Court judge or senior Superior Court judge must be selected to preside over the dismissal of this contest action,” the opinion said.