Legal Opinion · Dissent

Davis v. Dunn

Supreme Court of Georgia

Decided March 1, 2010No. S09A2056Published

1DissentBenham, Justice

I respectfully disagree with the majority opinion’s decision to affirm the trial court’s award of OCGA § 9-15-14 (a) attorney fees in this contested judicial election. At the petition hearing, Davis presented evidence that an irregularity had occurred when the county election officials failed to adhere to OCGA § 21-2-493 (j). That statute specifically requires the superintendent of elections to add each absentee ballot to the election return of the elector’s precinct. In this case, Davis argued to the trial court that she believed that election officials failed to comply with OCGA § 21-2-493…

2Cases cited2 opinions

  1. Ellis v. JohnsonSupreme Court of Georgia · 1993
  2. Kendall v. DelaneySupreme Court of Georgia · 2008

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