Opinion
S99A0050, S99X0053, S99X0054.
DECIDED: MAY 3, 1999
Election Contest. Gwinnett Superior Court. Judge Grant, Senior Judge.
Peevy Lancaster, Donn M. Peevy, P.C., Gregory W. Lancaster, Browning, Tanksley Casurella, George T. Smith, for Gathercoal.
Chandler Britt, Walter M. Britt, Deborah Faye Weiss, Charles F. Palmer, Norman L. Underwood, for Purcell and Muise.
Emily M. Lewy, amicus curiae.
Alan Gathercoal appeals the denial of his petition for mandamus to have his name placed on the ballot as an independent candidate for district 2 of the Gwinnett County Board of Commissioners. Because the elections board correctly disqualified signatures that appeared on pages notarized by a circulator, we affirm.
1. The elections board found that 3,344 of the 4,511 signatures on Gathercoal's petition were on pages that were notarized by a circulator in violation of Poppell v. Lanier.
264 Ga. 473 ( 448 S.E.2d 194) (1994).
Gathercoal contends that Poppell is distinguishable because the disqualified notary circulated a page of the petition after she had notarized other pages. However, Poppell makes no such distinction based upon the time at which the notary circulated the petition.
2. We recently reaffirmed Poppell in Lewy v. Beazley. The rule set forth in Poppell is clear and easily administered. Therefore, we decline the invitation to overrule it.
270 Ga. 11 (1998).
3. The errors raised by the cross-appeals are moot and need not be addressed.
Judgment affirmed. All the Justices concur.