Lawsuit challenging Fulton election results dismissed

Fulton County Commissioner Robb Pitts’ legal challenge of his razor-thin loss in the race for Fulton Commission chairman has been dismissed.

Pitts was defeated by Fulton Chairman John Eaves in the May Democratic Primary by 303 votes, which was less than 1 percent of the more than 45,000 votes cast that day. A recount confirmed Eaves’ victory, but Pitts argued the ballot was confusing to voters and may have hurt his changes of winning. Both Pitts and Eaves are incumbent commissioners, with Pitts deciding to challenge Eaves for the countywide chairman’s seat.

Pitts argues in his legal challenge that the ballot did not make clear that he and Eaves were battling for the chairman’s post. Pitts alleges that a “bad” ballot description of the race as “Fulton County Commissioner From District No. 7 At Large” – with no mention that the seat is for commission chairman.

Superior Court Judge Willima Ison rejected that claim, ruling the ballot was fair to both candidates and did not affect the outcome of the race.

After the ruling, Pitts seemed resigned to the fact that no new vote would be ordered and Eaves will is the primary winner

“I think it’s over,” Pitts said.

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