BARROW v. RAFFENSPERGER (Two Cases)
308 Ga. 660
| Ga. | 2020Background
- Justice Keith R. Blackwell sent the Governor a written resignation on Feb. 26, 2020, effective Nov. 18, 2020; Governor Kemp accepted it the same day. Blackwell continued to serve until that date.
- A nonpartisan election to fill the next six‑year term for Blackwell’s seat was scheduled for May 19, 2020 (qualifying in early March); Secretary Raffensperger canceled qualifying and the election for that seat after the Governor’s acceptance.
- John Barrow and Elizabeth Beskin attempted to qualify, were refused, and each petitioned Fulton Superior Court for mandamus to require the Secretary to reopen qualifying and hold the May election; Beskin also asserted § 1983 claims.
- The superior court denied the petitions, reasoning acceptance created a vacancy and authorized gubernatorial appointment; Barrow and Beskin appealed to the Georgia Supreme Court, which consolidated the appeals.
- The Georgia Supreme Court held that (1) a vacancy exists only when an office is unoccupied; Blackwell’s seat was not yet vacant, so the appointment power had not yet arisen, but (2) under the 1983 Constitution an incumbent’s unexpired term is eliminated when the office is vacated and an appointee serves a new individualized shorter term, so if the accepted resignation was irrevocable the May 2020 election would be legally nugatory.
- The Court ruled that an unequivocal written resignation that has been unequivocally accepted by the Governor cannot be withdrawn, so the vacancy would inevitably occur on Nov. 18, 2020; mandamus could not compel a legally nugatory election; Beskin’s § 1983 claims failed as derivative of state‑law claims. Judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Secretary could cancel the May 19, 2020 election because a vacancy existed enabling gubernatorial appointment | Barrow/Beskin: no present vacancy; Secretary has no discretion to cancel a statutorily required election | Raffensperger: Governor accepted resignation, office is vacated under OCGA §45‑5‑1(a)(2), appointment power arises, so election not required | Held: Office was not yet vacant, but cancellation was proper because the accepted resignation is irrevocable and the scheduled election would be legally nugatory once vacancy inevitably occurs |
| Whether an accepted prospective resignation may be withdrawn (unilaterally or by mutual consent) before its effective date | Barrow: withdrawal should be possible so election might remain meaningful | Beskin/Secretary: acceptance makes the resignation final; it cannot be revoked | Held: Under Georgia law (and persuasive common‑law authority) an unequivocal written resignation, once unequivocally accepted, cannot be withdrawn (even by mutual consent) |
| Whether mandamus can compel the Secretary to hold an election that would be legally nugatory | Plaintiffs: mandamus appropriate to enforce public right to an election | Secretary: mandamus would be nugatory if the election would confer no legal office or effect | Held: Mandamus will not issue to compel a legally nugatory election; where an accepted resignation makes vacancy inevitable, the election would be nugatory and mandamus is improper |
| Whether Beskin’s federal § 1983 claim (and mootness) supports relief | Beskin: Secretary’s cancellation violated voters’ and candidates’ federal rights; she also pursued the claim as a voter | Secretary: claims are derivative of state law and moot/without remedy because she qualified for another seat | Held: § 1983 claim fails because it is derivative of state‑law interpretation (which disfavors relief); Beskin’s claims are not moot and were considered on the merits but fail |
Key Cases Cited
- Clark v. Deal, 298 Ga. 893 (Ga. 2016) ("vacancy" means an office without an incumbent)
- Perdue v. Palmour, 278 Ga. 217 (Ga. 2004) (an incumbent’s unexpired term is eliminated when the office is vacated; appointee serves a new individualized shorter term)
- Heiskell v. Roberts, 295 Ga. 795 (Ga. 2014) (appointment creates an initial, individualized shorter term; predecessor’s term is eliminated)
- Pittman v. Ingram, 184 Ga. 255 (Ga. 1937) (a public office is not vacant so long as it is supplied with an incumbent)
- Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981) (federal discussion of Georgia election/resignation interplay; § 1983 claims derivative of state‑law election rules)
- Smith v. Miller, 261 Ga. 560 (Ga. 1991) (acceptance of resignation can render moot certain challenges; suggests accepted resignations are final)
- Halpern Properties v. Newton County Bd. of Equalization, 245 Ga. 728 (Ga. 1980) (mandamus will not issue when writ would be nugatory or fruitless)
- Collins v. Morris, 263 Ga. 734 (Ga. 1994) (property‑interest discussion: elected officials have rights under state law once entitled to hold office)