Mathews v. Gibbs

Undercofler, Presiding Justice.

John J. Mathews brought this election contest against Kathryn Gibbs, Probate Judge of Clayton County, who was a candidate for reelection in the contested primary. Mathews claims she did not meet the qualifications for the position under Code Ann. § 24-1711.1. Judge Gibbs filed a motion to dismiss, which was granted by the trial court. Mathews appeals. We affirm.

One of the grounds for the motion to dismiss was Mathews’ ineligibility to contest the ejection. Code Ann. § 34-1702 provides that an election may be contested "by any aggrieved elector who was entitled…