Camp v. Williams, et al.
Annotate this CaseThis case was a dispute over who could run for Chief Magistrate Judge of Douglas County, Georgia in the November 2022 election. After the incumbent successfully challenged the qualifications of the only person who qualified to run for the Democratic nomination, the Douglas County Democratic Party Executive Committee purported to name a replacement. That led to another challenge, this one by the incumbent’s husband (a registered voter eligible to vote in the election), contending that the substitution was improper. The superior court agreed that the Douglas County Board of Elections and Registration (the “Board”) was not legally authorized to allow the substitution, but ruled that the statutory vehicle through which the challenge was asserted — OCGA § 21-2-6 — covered only challenges to a candidate’s qualifications to hold office, not whether the candidate fulfilled the necessary prerequisites to seek office. The Georgia Supreme Court granted an application for expedited consideration in the light of the rapidly approaching election, and reversed. "Code section 21-2-6 allows the challenge here because 'qualifications,' as that term is used in the statute, includes all of the prerequisites for seeking and holding office. The substitute candidate did not properly qualify to seek office, so the Board lacked authority to put him on the ballot. And because electors have an interest in having the community’s government offices filled by duly qualified officials, the Board’s decision allowing an unqualified candidate on the ballot violated a substantial right of an elector."
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