Georgia Supreme Court to hear appeal of canceled election

Capitol Beat News Service

ATLANTA — The Georgia Supreme Court has decided to consolidate the cases of two wouldbe candidates for the court who were not allowed to qualify for the May 19 election during the qualifying period earlier this month.

Former U.S. Rep. John Barrow and former state Rep. Beth Beskin sought to qualify for the seat on the high court bench now held by Justice Keith Blackwell, who plans to retire in November.

But Secretary of State Brad Raffensperger canceled the election at the request of Gov. Brian Kemp, ruling that Blackwell’s seat is vacant because his resignation falls within six months of a judicial election. According to the ruling, that gives the governor the right to appoint Blackwell’s successor.

Barrow and Beskin responded by filing a lawsuit in Fulton County Superior Court challenging Raffensperger’s decision. The trial court upheld the secretary of state’s ruling in separate orders.

The state Supreme Court issued an order Monday consolidating the two cases and ordering an expedited review.

Under the expedited timetable, Barrow and Beskin must file their principal briefs by March 26. Raffensperger has until next Monday to file his response, and the two plaintiffs must file reply briefs by Tuesday, March 31.

With the recent retirement of Justice Robert Benham, the court currently has eight justices. Five of the eight have recused themselves from the case, leaving only Chief Justice Harold Melton, Presiding Justice David Nahmias and Justice Sarah Warren. Substitute judges have been appointed to join Melton, Nahmias and Warren in handling the appeal.