Garnto v. Wheeler

Hall, Justice.

On June 28, 1975, the City of Kite, Georgia, held an election for mayor. R. M. Garnto, plaintiff-appellant, received two votes more than the second-place candidate, Q. L. Josey. Subsequently, Q. L. Josey contested the election purportedly following the procedure of Code Ann. § 34A-1501(a), a portion of the Georgia Municipal Election Code.

Thereafter, plaintiff Garnto filed a petition in mandamus against the election superintendent and the members of the city council claiming that the superintendent had failed to certify the election returns as required by Code Ann. § 34A-1404…