On November 7, 2023, Commissioner Alvin Nelson of the City of Waycross, Georgia won the narrowest of election victories — by a mere 18 votes — against then-incumbent Commissioner Henry Strickland. Mr. Strickland did not accept the results and filed an election contest alleging that an incorrect map had been used for the election, potentially skewing enough votes to change the outcome. The trial court agreed, ordering that Commissioner Nelson be removed from office and ordering a new election be held. On January 28, 2025, the Supreme Court of Georgia unanimously reversed the trial court.
Mr. Strickland had claimed that the “wrong” map had been used in the election because a “newer” map had been approved by the Waycross City Commission in 2011 and used in prior elections since that time. Another party in the case, the Board of Elections for Ware County (where the City of Waycross is located and which ran the election) supported Mr. Strickland’s position, even though the Board had supplied the map used in the election — which turned out to be the correct map all along.
There was a problem with the 2011 map — it never actually became effective and therefore could not be used because, although the Waycross City Commission had voted to approve the map, it was never filed with the Secretary of State, an indispensable requirement under state law for a new map to become effective. See O.C.G.A. § 36-35-5.
In its order, the trial court acknowledged that the 2011 map had not been filed with the Secretary of State but declined to hold that the map was not effective. Reversing the trial court, the Supreme Court held that state law was clear that the 2011 map must be filed with the Secretary of State to be effective.
At Commissioner Nelson’s request, the Supreme Court had previously granted a stay of the trial court’s order, preventing a new election from unnecessarily occurring before the Court could rule and allowing Mr. Nelson to resume his duties as Commissioner pending the Court’s final decision. Commissioner Nelson will now serve out the remainder of his full term.
The attorneys at Chilivis Grubman represent clients of all types and sizes in connection with election law and government litigation. If you need assistance with such a matter, please contact us today.
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