White v. Miller

Hall, Justice.

This is an appeal from a judgment dismissing a quo warranto proceeding. The single issue is whether the Georgia Election Code provides the sole and exclusive means for challenging eligibility to hold public office. We rule that it does not.

The suit was brought on February 13, 1975, by a citizen of Stewart County who was the defeated candidate in the election of November 5,1974, for the office of school board member. The defendant was the successful write-in candidate who won by one vote. His right to hold office was challenged on the basis of his failure to comply with the…