From Press Dispatches

The Georgia Supreme Court Tuesday affirmed the decision of the lower courts in all arguments, ruling in favor of Douglas County, in the James Quarterman, et al v. Douglas County lawsuit.

Quarterman had sought to have the results of the Nov. 4, 2008 election for commission chairman and sheriff overturned due to alleged voting inconsistencies.

Quarterman said Tuesday afternoon that he plans to file a petition for the U.S. Supreme Court to review the state court decision.

He called the decision an attempt by the State Supreme Court “to further conceal, hide and prevent challenges to the electronic voting system.”

The court affirmed the lower courts’ decision dismissing the suit as untimely filed. It adopted all the county arguments and held that, for county races, the five-day filing period runs from the date of certification by the local superintendent, not the secretary of state. The five-day period only runs from the date of certification by the secretary of state in state and federal elections. Under this rule, Quarterman’s and Derrick Broughton’s lawsuit was filed five days too late and was barred.

Regarding the argument that the board of elections did not properly certify the election, the Supreme Court held that “the trial court’s finding that the date of certification was Nov. 7 is supported by evidence that, on that date, the Chairman of the Board of Elections, pursuant to the Board’s practice or procedure, signed the certification form on the only signature line provided for the superintendent.”

The court also rejected the argument that the recount of the tax commissioner’s race re-started the filing period for Broughton and Quarterman. It held that it only restarted the filing period for the tax commissioner, not to other races that were not subject to the recount.

Lastly, it held that the letter Laurie Fulton sent on Dec. 15 to correct the “cards cast” number was not an act of recertification. As the county argued in its brief, the court held that “the Dec. 15 letter cannot constitute a re-certification of Appellants’ races, as it was not an action by the Board, it was not the result of any recount, and its purpose was to correct a clerical error which did not change the result of any races.”

(Information provided by attorneys for Douglas County:

David A. Cole, Freeman Mathis & Gary, LLP)