by Winston Jones/Douglas County Sentinel
11 months ago | 759 views | 0

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The Georgia Supreme Court will likely issue a decision by year’s end on the 2008 general election challenges filed by defeated candidates James Quarterman and Derrick T. Broughton.
Their cases were argued Tuesday by attorney Joan Davis, representing Broughton, and Quarterman, representing himself, according to Jane Hansen, Supreme Court spokesperson.
Quarterman, a candidate for commission chairman, and Broughton, a sheriff candidate, were both unsuccessful in their bid for office in the Nov. 4 election. They filed a lawsuit against the Douglas County Board of Elections on Nov. 17, seeking to have the results overturned.
Douglas County Superior Court dismissed the challenges, ruling they should have been filed no later than five days after the results were certified by the election board on Nov. 7.
The challengers argued before the state high court that their challenges shouldn’t have been dismissed by the trial court. They maintained that the five-day clock did not start running until the Secretary of State certified the entire election on Nov. 13. They argued that the trial court erred in ruling that the case involved “purely local elections” since it was a general election.
Quarterman further charged that the election was fraudulent and the electronic equipment malfunctioned. He called for the election to be annulled and a new election held.
Benton Mathis Jr. and David Cole, attorneys for the election board, argued that the trial court ruled correctly in dismissing the complaints due to the statute of limitations. They argued that only one race, the tax commissioner race, qualified for an automatic recount and was later certified on Dec. 15. Since the Brougton and Quarterman race results were not within the one percent margin, they didn’t qualify for a recount and the Nov. 7 certification held, the attorneys argued.
They further argued that Quarterman raised issues he’s not authorized to raise on appeal since the lower court didn’t rule on them.
Hansen said the Supreme Court has up to six months, or two terms, from the time a case is filed until it reaches a decision. She said the Quarterman and Broughton cases were filed in July.