158 Ga. 642 | Ga. | 1924
Lead Opinion
Included among the several militia districts in Colquitt County are the Moultrie militia district and the Doerun militia district. The Moultrie district includes the city of Moultrie and other territory. The Doerun district includes the city of Doerun and other territory. Independent school systems are operated in each of the above-named cities. On January 3, 1924, the County Democratic Executive Committee called a party primary election to be held on February 27, 1924, for the county officers, including, among others, a county school superintendent to be voted for in the general election for county officers to be held in November, 1924. Rules and regulations for the holding of the election were duly provided, including a resolution providing that all voters of Colquitt County, including those in the cities of Moultrie and Doerun, should be permitted to vote in the primary election for all candidates for nomination as county school superintendent. After the adoption of the rules Frank Clark became a candidate for nomination as county school superintendent,
The questions raised by the record are dealt with in the head-notes, without need of further elaboration.
Judgment affirmed.
Concurrence Opinion
specialty concurring. There can be no question as to the correctness of the several rulings announced in the foregoing decision under the present state of the law. I feel moved, however, to call the attention of the legislative department to the fact that, while in this State nominations of a certain party-are equivalent to an election, the omission to which attention has been called in the opinion renders it perfectly possible for the choice of the people to be defeated without any remedy. As early as 1883 and at several subsequent legislatures enactments have been passed by which frauds and illegal voting in primary elections have, been penalized, just as they would be in the regular election; and yet, by reason of the omission to provide that the executive committee be required to declare the result (while it is well known that they always do this), one who is declared to be defeated in the primary is remediless. The primary election should either be as fully protected by law, both civil as well as criminal, as are the general elections, or the law should not interfere at all in the holding of such elections, or take cognizance of them.