Fulton County Commissioner Robb Pitts, who lost his bid for the chairman’s seat by barely 300 votes, on Thursday also lost his court challenge seeking another election
Pitts ran unsuccessfully against John Eaves for the chairman’s post in the May Democratic Primary. He challenged the results, saying the ballot was irregular because it did not make clear that the race for the newly created District No. 7 seat also determined chairman of the commission.
But he said he’s not done with public service.
“My legacy is in place,” said Pitts, whose term on the commission will end in December because his at-large seat was redistricted. “I’ll get another shot at this office.”
After a two-hour hearing Thursday, Senior Judge William Ison, retired from the Superior Court in Clayton County, dismissed the suit Pitts brought against Evans and Fulton’s elections director.
But Ison said Pitts could have brought that challenge before the election and that, even if he had, there was no legal requirement to say the person elected to District 7 also would be chairman.
The Legislature redrew Fulton County’s commission lines this year, eliminating one of the two current at-large seats. On the current commission, Eaves and Pitts both represent the entire county.
On May 20, Eaves received 303 more votes than Pitts, 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.
“It was an frivolous lawsuit,” Eaves said after the hearing. “Unnecessary.”
Eaves said Ison’s decision, announced moments after the lawyers finished their arguments, “reaffirms the choice that Fulton County voters made back in May when a majority of the votes for the Democratic nominee for commission chairman were cast for me.”
Eaves will face Republican Earl Cooper in the November general election.
“Frankly, at a time when our county is fighting to maintain its financial obligations to our constituents with limited resources, it is reckless, irresponsible and foolhardy to pursue litigation that costs county dollars to defend,” Eaves said later in a written statement.
But Pitts said he would not continue this fight.
“I think it’s over with. I’m not going to appeal, even though I think we were right,” Pitts said.
Still, Pitts said he plans to return to public service once his term ends, either on the commission or in another elected office, to address “leadership” and other problems in Fulton County.
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