Mead v. Sheffield

601 S.E.2d 99, 278 Ga. 268, 2004 Fulton County D. Rep. 2865, 2004 Ga. LEXIS 592
CourtSupreme Court of Georgia
DecidedSeptember 2, 2004
DocketS04A1982
StatusPublished
Cited by19 cases

This text of 601 S.E.2d 99 (Mead v. Sheffield) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mead v. Sheffield, 601 S.E.2d 99, 278 Ga. 268, 2004 Fulton County D. Rep. 2865, 2004 Ga. LEXIS 592 (Ga. 2004).

Opinions

CARLEY, Justice.

The facts in this case are undisputed. After a recount of the votes cast in the statewide election held on July 20, 2004 to select a successor to Judge Frank Eldridge on the Court of Appeals of Georgia, Mike Sheffield ran second with 207,473 votes and Howard Mead finished third with 207,091 votes. Thus, by a 382-vote margin, Sheffield won the right to participate in a run-off election with Debra Bernes, who was the top vote-getter by over 100,000 votes. However, Mead filed suit, alleging that the number of illegal absentee ballots cast in Laurens County was sufficient to render the outcome of the election in doubt. In that county, some 481 absentee ballots containing the incorrect name “Thomas Mead,” rather than the correct name “Howard Mead,” were returned and counted. Of that number, 314 [269]*269contained votes in the Court of Appeals race, with 71 cast for “Thomas Mead,” 58 for Sheffield, and the remaining 243 split among the other candidates.

The trial court found against Mead’s claim, focusing on the 314 ballots which contained votes for candidates in the contested Court of Appeals race. According to its analysis, if Mead is credited with 71 votes, then the remaining 243 votes would not be sufficient to meet the 382-vote threshold for questioning the outcome of the election. Mead filed a notice of appeal, and this Court issued a stay of the election pending resolution of the appeal.

OCGA § 21-2-284 (c) provides, in relevant part, that “the names of all candidates who have qualified . . . shall be printed on the ballots . . . .” “Shall” is generally construed as a word of command. O’Donnell v. Durham, 275 Ga. 860, 861 (3) (573 SE2d 23) (2002). Although he was a qualified candidate, the name of “Howard Mead” did not appear on the disputed Laurens County absentee ballots. Instead, the name of “Thomas Mead” appeared thereon.

The word “name” “ ‘has been defined as the word or combination of words by which a person is distinguished from other individuals’ and ‘consists, in law, of a given . . . name, and a family surname .... The ... [given] name ... has been used from early times to distinguish a particular individual from his fellows .... Consequently, it has always been considered an essential part of a person’s name . . . .’ [Cits.]” [Cit.]

Maye v. Pundt, 267 Ga. 243, 245 (1) (477 SE2d 119) (1996).

As a matter of law, therefore, the 481 Laurens County absentee ballots did not comply with the mandate of OCGA § 21-2-284 (c). The names of all of the qualified candidates in the contested Court of Appeals race were not listed on those ballots, since the name of “Howard Mead” did not appear.

[Nothing] could possibly constitute a more vitally essential element in any election than the contents of the official ballot furnished to the voters [.] If a legal ballot was supplied by the duly constituted authority omitting the name of [an individual], but thereafter by reason of the action on his part a ballot prohibited by law containing his name was substituted, his action in doing so was illegal; and this being true, ... the ballot itself, insofar as this candidate was concerned, [was] inherently and essentially illegalf.]

Alexander v. Ryan, 202 Ga. 578, 582 (3) (43 SE2d 654) (1947). Thus, adding an unauthorized name to a ballot makes it illegal. Likewise, [270]*270where, as here, the voters are supplied with a ballot which omits the name of a qualified candidate, then the ballot itself is illegal as to that race. See Howell v. Fears, 275 Ga. 627 (571 SE2d 392) (2002) (primary results invalid where ballot in one precinct omitted names of both qualified candidates).

Notwithstanding the illegality of the Laurens County absentee ballots, the trial court relied upon the principle that the plaintiff in an election contest “ ‘must show that a sufficient number of electors voted illegally or were irregularly recorded in the contest being challenged to change or cast doubt on the election....’” (Emphasis in original.) Taggart v. Phillips, 242 Ga. 484, 487 (249 SE2d 268) (1978). Because the number of absentee ballots containing actual votes in the contested Court of Appeals race was only 314, which is fewer than Sheffield’s statewide margin of victory, this election contest was found to be without merit.

The trial court erred in relying upon this principle because it is inapplicable, since this case is not an election contest involving electors who voted illegally or legal votes which were irregularly recorded. Compare Middleton v. Smith, 273 Ga. 202 (539 SE2d 163) (2000) (irregularities in conduct of election); Bailey v. Colwell, 263 Ga. 111 (428 SE2d 570) (1993) (improperly cast, not illegal, ballots); Taggart v. Phillips, supra (illegal voters, not illegal ballot); Miller v. Kilpatrick, 140 Ga. App. 193 (230 SE2d 328) (1976) (illegal voters, not illegal ballot). Instead, Mead’s contention is based upon the irregularity of the absentee ballots and the illegality of those that were returned and counted. Grounds for contesting an election include “irregularity by any primary or election official or officials sufficient to change or place in doubt the result” and the receipt of “illegal votes ... at the polls sufficient to change or place in doubt the result.” OCGA§ 21-2-522 (1), (3). Thus, rather than illegal voters or irregular recording, the issues here are the preparation of an irregular ballot and the receipt of illegal votes. The irregularity occurred when election officials issued absentee ballots that failed to contain Mead’s name. The evidence shows that 481 of the irregularly prepared absentee ballots were returned in Laurens County. Since 481 is greater than Sheffield’s margin of victory, the dispositive factor is the illegality of the total number of absentee ballots that were returned, not the limited number of those ballots which contained votes in the contested Court of Appeals race. “Where the omission is of an essential prerequisite to the holding of a valid election, such as . . . the contents of the ballot itself, the election is, of course, invalid. [Cits.]” State of Ga. v. Carswell, 78 Ga. App. 84, 88 (2) (50 SE2d 621) (1948), statutorily superceded on other grounds, Maye v. Pundt, supra at 246 (2), fn. 13. The electors who received the irregular ballots did not cast illegal votes. As qualified electors they cast legal votes on an irregular [271]*271ballot. However, because the irregularity relates to the list of qualified candidates from whom the electors were selecting, the

ballots were prohibited by law and were therefore inherently illegal, and their distribution to the voters was unauthorized, and if the ballots being voted as furnished and under a misapprehension of their validity did not operate to validate them, they should unquestionably be discarded.

Alexander v. Ryan, supra at 583 (3).

The fallacy in the trial court’s analysis is demonstrated by the impossibility of determining how the 481 electors would have voted had they been supplied with proper ballots.

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Mead v. Sheffield
601 S.E.2d 99 (Supreme Court of Georgia, 2004)

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Bluebook (online)
601 S.E.2d 99, 278 Ga. 268, 2004 Fulton County D. Rep. 2865, 2004 Ga. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mead-v-sheffield-ga-2004.