Judge dismisses Norwood ballot suit

By Ernie Suggs

The Atlanta Journal-Constitution

County election officials now will decide whether Mary Norwood makes it onto the ballot to face John Eaves for the chairmanship of the Fulton County Commission.

On Thursday, Fulton County Superior Court Judge Jerry W. Baxter dismissed Norwood’s lawsuit against the incumbent Eaves, whom she claims is trying to block her from the ballot.

Running as an independent, Norwood is required to get about 23,000 signatures on a petition to earn a spot on the ballot.

A tireless campaigner who barely lost her bid last fall to become Atlanta’s mayor, Norwood was well on her way to getting the signatures.

But Eaves noted that the word “FULTON” was printed on each line that a county resident was supposed to sign. Eaves claims that each signer is required to write out everything themselves on the petition. Norwood argues that she received written permission from Fulton County Board of Registration and Elections to pre-print “FULTON.”

Baxter dismissed the case based on procedural grounds and has left it up to the elections board to decide. Election officials could not be reached late Thursday.

“At this time, there is no actual controversy ... and the ends of justice do not warrant a declaratory judgment,” Baxter wrote in his opinion. “The court finds that to issue a declaratory judgment at this time would constitute an advisory opinion.”

Eaves called Baxter's decision fair.

“Our contention has been that the law in this case is very clear and that every candidate is equally bound to know that law and follow it," Eaves said. “The Court iterated that principle very clearly, and I appreciate the judge's favorable consideration and fair application of the law.”

Norwood said that she was disappointed at the judge's decision.

“Rejection of our position in the next few weeks could invalidate thousands of signatures, which could keep me off the ballot," Norwood said. "This would be a real loss for registered voters all over Fulton County, putting them in a position where their voices may not be heard this November.” 

Norwood said she was unsure of exactly how many signatures she has gathered on the pre-printed petitions, since her staff also was using blank petitions. She said her team switched entirely to blank petitions after Eaves' complaint.

She said she pre-printed "FULTON" on the petition to make it easier. She said people would sign the petition and put Cobb or DeKalb down as their county, making the signature invalid.

“There was so much confusion,” Norwood said.

But on the other hand, printing the county also could become a loophole. Someone who doesn't live in the county could simply sign the petition and skip the county question.

"But then that person would be lying," Norwood said.

Norwood has until July 13 to get the required signatures and said she will continue to canvass the county until July 12.