MILLER et al v. BIBB COUNTY SCHOOL DISTRICT et al

Filing 12

ORDER granting 11 Motion Regarding Advance Voting. Ordered by Judge Hugh Lawson on 7/16/2012. (nbp)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LESTER MILLER, GARY
BECHTEL, and BRENDA SUTTON,
Plaintiffs,
v.
THE BIBB COUNTY SCHOOL
DISTRICT; MACON-BIBB
COUNTY BOARD OF ELECTIONS
AND VOTER REGISTRATION; and
ELAINE CARR, in her official
capacity as Executive Director of the
Bibb County Board of Elections and
Voter Registration,
Defendants.

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CIVIL ACTION FILE
NO.: 5:12-CV-00239-HL

CONSENT ORDER

On June 29, 2012, this court entered an order providing equitable relief
regarding the upcoming elections for Bibb County School Board. The court
retained jurisdiction to enter such other and further relief as might be appropriate in
connection with the conduct of the School Board election and directed the parties
to present a proposed order to address other administrative matters as necessary.
This order addresses the administration of advance voting and absentee voting in
connection with the School Board election.

Pursuant to the order of June 29, 2012, primary elections for the Bibb
County School Board will be held on August 21, 2012, to coincide with the date
for run-off primary elections for any other offices that may be required in Bibb
County. Georgia law provides that advance voting for run-off elections shall
commence “as soon as possible prior to a run-off.” O.C.G.A. § 21-2-385(d)(1).
See also, Stipulation of Facts, Ex. C [Dkt. No. 7]. As stated in the court’s earlier
order, the Center for Elections Systems at Kennesaw State University, which
constructs the databases for Bibb County elections, has committed to constructing
and delivering the necessary election databases in this instance by August 9, 2012.
In accordance with Georgia law, advance voting for School Board elections and
any primary run-off elections that occur on August 21, 2012 shall commence as
soon as possible after the Center has delivered the necessary election databases.
The times, dates, and locations for advance voting shall be governed by
O.C.G.A. § 21-2-385(d)(1), and “reasonable notice to the electors” of the “times,
dates, and locations at which advance voting will be conducted” will be provided
as required by O.C.G.A. § 21-2-385(d)(2). In the event there is no primary run-off
election required in all or part of Bibb County on August 21, 2012 for offices other
than the Bibb County School Board, advance voting for the Bibb County School
Board shall be administered in the same fashion, and according to the same
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schedule, that would apply as if there were such a primary run-off on that date.
Absentee voting shall also be conducted for the August 21, 2012 School
Board primary elections pursuant to the same procedures and schedule as would
apply for run-off primary elections that may be held on that date. As with absentee
voting, Georgia law provides that absentee ballots for run-off elections be prepared
and distributed to eligible applicants “as soon as possible prior to a run-off.”
O.C.G.A. § 31-2-384(a). Absentee voting for School Board elections and those
primary run-off elections that may be held on August 21, 2012 shall thus
commence as soon as possible after the Center for Elections Systems has delivered
the necessary election databases. In the event there is no primary run-off election
required in all or part of Bibb County on August 21, 2012 for offices other than the
Bibb County School Board, absentee voting for the Bibb County School Board
shall be administered in the same fashion, and according to the same schedule, that
would apply as if there were such a primary run-off on that date.
Insofar as not in conflict with the orders of this court, other provisions of the
Georgia Election Code pertaining to advance voting, absentee voting, and the
conduct of primary elections generally, shall apply to the School Board elections
required by the court’s orders. If a run-off primary election for Bibb County
School Board needs to be held on September 18, 2012 pursuant to this court’s
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previous order, it shall be conducted pursuant to the provisions of the Georgia
Election Code.
SO ORDERED this 16th day of July, 2012.

s/ Hugh Lawson
HONORABLE HUGH LAWSON
UNITED STATES DISTRICT JUDGE

Consented to:

/s/ David F. Walbert
David F. Walbert
Georgia Bar No. 730450
[e-mail]

/s/ A. Lee Parks
A. Lee Parks
Georgia Bar No. 563750
[e-mail]
PARKS, CHESIN & WALBERT, P.C.
75 Fourteenth Street, 26th Floor
Atlanta, GA 30309
[phone] Telephone
[phone] Facsimile

/s/ Charles E. Cox, Jr.
Charles E. Cox, Jr.
Georgia Bar No. 192305
[e-mail]
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CHARLES E. COX, JR.
3464 Vineville Avenue
Macon, GA 31204
[phone] Telephone
[phone] Facsimile
Counsel for Plaintiffs
/s/ Virgil L. Adams
(By DFW with express permission)
Virgil L. Adams
Georgia Bar No. 004625
[e-mail]
/s/ D. James Jordan
(By DFW with express permission)
D. James Jordan
Georgia Bar No. 404465
[e-mail]
ADAMS & JORDAN, P.C.
P. O. Box 928
Macon, GA 31201-0928
Counsel for the Macon-Bibb County
Board of Elections and Elaine Carr
/s/ Patrick Millsaps
(By DFW with express permission)
Patrick Millsaps
Georgia Bar No. 509888
[e-mail]
HALL, BOOTH, SMITH & SLOVER, P.C.
2417 Westgate Drive
Albany, GA 31708
Attorney for The Bibb County
School District
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