A new election for Fulton County Commission chairman would cost taxpayers up to $2 million if a judge agrees voter turnout was inadvertently suppressed.
Commissioner Robb Pitts, who narrowly lost the Democratic nomination for chairman to incumbent John Eaves, has asked a Superior Court judge to order a new election, saying a poorly designed ballot hindered voting in the race. The dispute comes at a time when the county is struggling to balance its budget.
No judge has ruled on the request from the commissioner. Pitts has asked for the election to be held July 22, when the cost would be minimal because Fulton is already holding a runoff election for various races.
But Election Director Richard Barron said this week it’s too late to schedule a new chairman’s election for that date. He said the county already has begun mailing absentee ballots for the runoff election that don’t include the chairman’s race. Early voting for the runoff is set to begin Monday, and the voting machines that will be used have already been tested “with the ballot as-is,” Barron said.
Pitts has complained that the county failed to properly identify the race on the ballot, leading an unusual number of voters to skip the race. The race was identified as “District No. 7 at large,” though not as the chairman’s race. The race has not been identified as the chairman’s race in other recent elections.
If a judge ultimately decides to order a new election it would cost $1.5 million to $2 million to hold it on a different date, Barron said.
The extra cost would come at a time when the County Commission is considering a 17 percent property tax rate increase to balance the county budget.
Eaves said Fulton can’t afford the extra cost, should a judge order a new election.
“It’s money that’s not budgeted. We can’t afford to spend it,” Eaves said. “It’s unnecessary and unfortunate.”
But, Pitts said, “If the Board of Registration and Elections screwed up again and disenfranchised voters, the burden is on them to correct whatever the problems are.”
The lawsuit is Pitts’ latest effort to challenge the results of the May 20 primary election. Initial results showed Eaves winning by just 315 votes. Pitts requested a recount, which narrowed the margin to 303 votes out of 45,555 ballots cast.
According to the lawsuit, about 4,200 voters – or 8.3 percent – cast ballots in the Democratic primary but not in the chairman’s race. The lawsuit says that’s far above the 2 percent to 3 percent rate typical in elections.
In a response to Pitts’ lawsuit filed Monday, Eaves said Fulton was under no obligation to state on the ballot that District 7 is the chairman’s position.
Atlanta resident Rob Osattin said he was confused when he voted May 20. He wanted to vote for Pitts and found his name on the ballot.
“I saw the two names, but when I looked at the title above, I said, `This can’t be right,’” Osattin said. “I was unsure what race that was.”
Osattin said he voted for Pitts, but he thinks confusion may have led some people not to vote in the race.
Karyn Hudson of Atlanta said she wasn’t confused when she skipped the race. She didn’t like either candidate and chose not to vote in that race. She thinks Pitts’ lawsuit is an effort to cling to public office.
“He just doesn’t want to admit defeat,” Hudson said. “He wants to snatch a victory out of this at the taxpayers’ expense.”
Unless a judge orders a new election, Eaves will face Republican Earl Cooper in the November general election.
Fulton has a history of botched elections, most recently in November 2012, when many voters waited in long lines to cast their ballots. But county officials say the May 20 primary went well, with only minor problems.
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