312 Ga. 306
Ga.2021Background
- Bobby Smith challenged the June 9, 2020 Long County probate judge election won by Teresa Odum by nine votes after a recount (final certified totals: Odum 1,375; Smith 1,366).
- Smith alleged 30 improper/irregular votes grouped into five categories: "Blanks" (absentee application/signature errors), "Outsiders" (voters he says live outside Long County), "Movers" (voters who moved out >30 days before election), "Doubles" (voters who cast two ballots), and "Unverifieds" (in‑person early ballot applications not showing ID checked).
- After a three‑day bench trial the trial court found six "Doubles" and one "Mover" invalid but upheld the other challenged ballots (including the Blanks and Outsiders) and found no systemic fraud; total disputed invalid votes = 7, below the nine‑vote margin.
- Key factual findings supporting the court’s rulings: certified county survey and tax records placed the Outsiders in Long County; most absentee signature/applicant defects were accidental and voters’ ballots reflected their intent; poll workers routinely checked ID for in‑person voting; DeLoach (the contested Mover) was found not credible.
- Smith appealed, arguing (1) the trial court applied the wrong standard (treating buckets separately rather than cumulative total), (2) Blank absentee ballots should be rejected, (3) DeLoach was ineligible to vote, and (4) Outsiders were not Long County residents. The Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard applied to prove election placed in doubt | Trial court required each "bucket" to independently exceed margin instead of considering cumulative irregularities | Trial court properly considered cumulative total and the nine‑vote margin as the materiality threshold | Court: trial court used correct standard and considered cumulative total; Smith proved only 7 irregular votes < 9 margin |
| Validity of absentee ballots with application/signature defects (Blanks) | Technical defects (unsigned/incorrect application or Oath) render those absentee ballots invalid | Isolated/ministerial defects do not invalidate ballots when substantial compliance and voters’ intent are clear; statutory cure procedures exist | Court: ballots need not be excluded; defects were isolated, voters’ intent shown, cures or notice were available — Blanks upheld |
| Residency of Grant DeLoach (Mover) | DeLoach considered himself a Chatham County resident and thus was ineligible to vote in Long County | DeLoach requested and received Long County absentee ballot; had longstanding ties to Long County; trial court found his testimony not credible | Court: trial court credibility finding not clearly erroneous; DeLoach’s vote upheld for all but one conceded Mover |
| Residency of Outsiders | Census/geocoding expert said certain voters lived outside Long County, so their votes were invalid | Board introduced certified county survey and tax maps showing those properties lie in Long County; voters paid Long County taxes and believed they were Long County residents | Court: survey and tax records supported trial court finding Outsiders were Long County residents; votes upheld |
Key Cases Cited
- Martin v. Fulton County Bd. of Registration & Elections, 307 Ga. 193 (discusses paradigms for voiding elections and role of margin of victory)
- Meade v. Williamson, 293 Ga. 142 (presumption of validity for election returns; challenger bears burden to show irregularities sufficient to change or cast doubt on result)
- Taggart v. Phillips, 242 Ga. 454 (challenger need not prove how disputed electors would have voted—only that number of illegal/irregular votes could affect result)
- McIntosh County Bd. of Elections v. Deverger, 282 Ga. 566 (same rule on sufficiency of disputed votes vis‑à‑vis margin)
- Jones v. Jessup, 279 Ga. 531 (isolated failures to strictly comply with election statutes do not invalidate votes where substantial compliance and voter intent shown)
- Malone v. Tison, 248 Ga. 209 (disenfranchisement may be improper absent notice and opportunity to cure administrative defects)
- Johnson v. Rheney, 245 Ga. 316 (absentee ballots issued despite application defects can reflect voter intent and should not automatically be discarded)
- Bell v. Cronic, 248 Ga. 457 (property survey evidence can support trial court residency findings)