IN THE SUPERIOR COURT OF FULTON COUNTY STATE … · american civil liberties union of georgia, petitioner, v. fulton county board of registration and elections, defendant. ... ga.

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

AMERICAN CIVIL LIBERTIES

UNION OF GEORGIA,

Petitioner,

v.

FULTON COUNTY BOARD OF

REGISTRATION AND

ELECTIONS,

Defendant.

Civil Action File

No. ___________

VERIFIED PETITION FOR WRIT OF MANDAMUS

This is a Petition for a Writ of Mandamus to compel the Fulton County

Board of Registration and Elections (the “Board”) to comply with its mandatory

public duty under O.C.G.A. § 21-2-265(a) to refrain from “chang[ing] any polling

place until notice of the proposed change shall have been published for once a

week for two consecutive weeks in the legal organ for the county . . . in which the

polling place is located.” “Two consecutive weeks” means 14 days. See Boyd v.

McFarlin, 58 Ga. 208, 208 (1877) (“once a week for four successive weeks”

means “twenty-eight days”).

Here, the Board refused to perform its mandatory duty to publish notice of

proposed polling place changes for at least 14 consecutive days before approving

the proposals. Specifically, the Board first published notice of polling place

2

changes in precincts 10E, 10P, 12F, 11C, 10H1, and 10H2 (the subjects of

proposals 39/17, 41/17, 42/17, and 45/17) in the Daily Report on Friday, July 7,

2017 and again on Monday, July 10 (see Exhibit A at 2, 14), but voted on and

approved these proposals on Thursday, July 13. Thus, only six days had passed

since the first publication (July 7) before the Board prematurely and improperly

voted on the proposals on July 13.

Before these polling place changes can be enacted in any election, Petitioner

requests that this court to issue a Writ of Mandamus compelling the Board to: (1)

comply with its public duty to publish notices of such proposals 39/17, 41/17,

42/17, and 45/17 in the legal organ once a week for 14 consecutive days followed

by a hearing; and refrain from enacting any polling place changes embodied in

proposals 39/17, 41/17, 42/17, and 45/17, in any election unless the mandatory

procedural requirements have been satisfied; and (2) for all future proposals of

polling place changes, comply with its public duty to publish notices of such

proposals in the legal organ once a week for 14 consecutive days before voting on

any such proposals.

In support of this Verified Petition for Writ of Mandamus, Petitioner show

this Honorable Court the following:

1. Petitioner, the American Civil Liberties Union of Georgia, Inc. is a

non-profit organization whose mission is to protect the civil rights and civil

3

liberties of all Georgia residents, including those in Fulton County. Its offices are

located in Fulton County and several of its members live in Fulton County.

Petitioner is interested in having the laws executed and the public duty in question

enforced, and need not show any legal or special interest. O.C.G.A. § 9-6-24.

2. The Defendant is Fulton County Board of Registration and Elections.

O.C.G.A. § 21-2-265(a) authorizes the “superintendent of a county” to “select and

fix the polling place within each precinct and . . . change the polling place within

any precinct.” The Fulton County Board of Registration and Elections is

considered the “superintendent of a county” for purposes of this statute. See

O.C.G.A. § 21-2-40; Code of Laws of Fulton County Pt. 1, Ch. 14, Art. II. § 13-32.

3. This Court has jurisdiction to issue a Writ of Mandamus under

O.C.G.A. § 9-6-20 et seq.

4. Defendant has a clear legal duty under O.C.G.A. § 21-2-265(a), which

provides in pertinent part:

Except in case of an emergency or unavoidable event occurring within ten

days of a primary or election, which emergency or event renders any polling

place unavailable for use at such primary or election, the superintendent of a

county or the governing authority of a municipality shall not change any

polling place until notice of the proposed change shall have been published

for once a week for two consecutive weeks in the legal organ for the county

or municipality in which the polling place is located.

5. “Two consecutive weeks” means 14 consecutive days. See Boyd v.

McFarlin, 58 Ga. 208, 208 (1877) (“once a week for four successive weeks”

4

means “twenty-eight days”).1 The Supreme Court of Georgia is the final word on

this matter of course, but it is worth noting that its commonsense interpretation is

consistent with the rulings by other courts over the last 150 years, including the

Supreme Court of the United States. These courts have also interpreted “for a

number of weeks” as requiring the publication of notice for seven days times each

week required by the provision. See Early v. Doe ex dem. Homans, 57 U.S. 610,

616-17 (1853) (“once in each week, for at least twelve successive weeks” means

“eighty-four days”); Hill v. Faison, 27 Tex. 428, 430-31 (1864) (“at least three

successive weeks” “is not complied with . . . unless the full term of three weeks, or

twenty-one days, elapses”); Finlayson v. Peterson, 5 N.D. 587 (1896) (“publishing

the same for six successive weeks at least once in each week” means “forty-two

days”); State v. Cherry County, 58 Neb. 734 (1899) (“for four weeks” means 28

days); Seccombe v. Roe, 22 Cal.App. 139 (Cal. Dist. Ct. App. 1913) (“once a week

for four weeks” “meant four weeks of seven days each, or that 28 days shall

elapse”); City of Brunswick ex rel. Barkwell v. Benecke, 289 Mo. 307 (1921) (“for

two consecutive weeks” means “for full 2 weeks or 14 days”); Jenkins v. City of

1 The statute at issue in Boyd was later amended to explicitly provide that the number of days

between the date of the first publication and the action, “whether more or less than thirty days,

shall not in any manner invalidate or render irregular the said notice.” See Plainville Brick Co. v.

Williams, 170 Ga. 75, 88-89 (1930) (reversing prior decision that “for four weeks” necessarily

meant 28 days only because the statute was amended to expressly provide as such). However, no

such express disclaimer is found in O.C.G.A. § 21-2-265(a).

5

Bowling Green, 251 Ky. 119 (1933) (“for two consecutive weeks” means “fourteen

days”); Town of Cortlandt v. Vill. of Peekskill, 281 N.Y. 490 (1939) (“for two

consecutive weeks” means “the full period of fourteen days”).

6. On Friday, July 7, 2017, the Board published a notice of proposed

polling place changes in the legal organ of Fulton County, the Daily Report,2

which has a section containing public notices. The published notice included

proposals 39/17, 41/17, 42/17, and 45/17, which concern polling place changes or

closures in precincts 10E, 10P, 12F, 11C, 10H1, and 10H2 of Fulton County. See

Exhibit A at 2-13.

7. On Monday, July 10, the Board published a second notice of these

proposed polling place changes. See Exhibit A at 14-21. (Both these publications

can be found by entering any of the proposal numbers in the search field of the

public notice website. http://www.dailyreportonline.com/public-notices.)

8. On Thursday, July 13, the Board voted on and approved these

proposals. Petitioner was in attendance at the meeting and had asked the Board to

postpone its vote.

2 In the by-line of the Daily Report which appears when the user enters “Daily Report Fulton

County” in Google, the Daily Report describes itself as “the official legal organ of Fulton

county.”

6

9. These polling place changes have not yet been enacted for any

election.

10. By voting to approve these polling place changes without having

published the notice for 14 consecutive days, Defendant has “failed to perform or

improperly performed” its clear legal duty under O.C.G.A. § 21-2-265(a), and its

decision was thus made outside its authority.3 The statutory exception for

disregarding the 14-day requirement also does not apply, because there was no

“emergency or unavoidable event occurring within ten days of a primary or

election.” O.C.G.A. § 21-2-265(a).

11. Where, as here, the government entity has refused to comply with

mandatory procedural obligations when issuing a decision, a writ of mandamus is

appropriate to require them to reconsider their decision after complying with the

proper procedures. See, e.g., Ga. Dept. of Transp. v. Peach Hill Properties, Inc.,

278 Ga. 198, 199-201 (2004) (where DOT “enacted a blanket policy refusing to

3 It might be the Board’s interpretation that “once a week for two consecutive weeks” means

once in each of two consecutive calendar weeks, and that such a requirement was satisfied

because they published on Friday July 7 (covering the calendar week of July 2-8), and on

Monday July 10 (covering the calendar week of July 9-15). This interpretation is in error in light

of the plain language of the statute and the authorities cited above. But even if “two consecutive

weeks” means “two consecutive calendar weeks,” two full calendar weeks must have passed

before the polling place change could be voted on. In Whittle v. Whitley, 202 Ga. 633, 633

(1947), the Supreme Court of Georgia held that a requirement that an election be “advertised

once a week for two consecutive weeks” preceding the election was not satisfied where “the

election is held on Saturday of the last week during which the notice was published.” Id. Here,

the vote was held on Thursday (July 13) of the last week during which the last notice was

published on Monday (July 10), in violation of the statute.

7

seek any exemptions from the FAA on the part of landfill operators,” mandamus

was appropriate directing the DOT to reverse its decision and “establish objective

guidelines” for the consideration of exemptions); Dougherty Cnty. v. Webb, 256

Ga. 474, 474-77 (1986) (where County Commission “voted unanimously to deny

the application” without considering relevant evidence in violation of a clear

statutory duty, proper mandamus remedy was to order Commission to reconsider

petitioner’s application under the correct evidentiary standards), disapproved on

other grounds by City of Cumming v. Flowers, 300 Ga. 820 (2017); State Bd. of

Examiners in Optometry v. Soc’y of Prof. Optometrists, Inc., 231 Ga. 44, 44-46

(1973) (where Georgia State Board of Examiners denied a request for approval of a

continuing education program on alleged untimeliness grounds, mandamus

requiring the board to reconsider its decision on substantive criteria was proper).

12. Accordingly, Petitioner seeks a Writ of Mandamus requiring the

Board to comply with its duty to publish notices of such proposals 39/17, 41/17,

42/17, and 45/17 in the legal organ once a week for 14 consecutive days followed

by a hearing; and refrain from enacting any polling place changes embodied in

proposals 39/17, 41/17, 42/17, and 45/17, in any election unless the statutory

requirements have been satisfied.

13. Furthermore, this is not the first time that the Board has failed to

perform its mandatory duty of publishing proposed polling place changes for 14

8

consecutive days prior to a vote. For example, proposals 12/17, 14/17, 15/17,

16/17, 17/17, and 18/17 were not first published until May 4, 2017, see Exhibit B,

six days after the Board already voted to approve them on April 28, see Exhibit C.4

Proposal 31/16 was first published on December 5, 2016, and voted on only three

days later on December 8. See Exhibit D at 5-6, Exhibit E at 3.5

14. In light of the Board’s pattern of ignoring the statute, Petitioner also

requests a Writ of Mandamus compelling the Board to perform its duty to publish

notices for 14 consecutive days before voting on any future polling place changes.

Given the Board’s regular disregard of the 14-day notice period and the length of

time required to resolve petitions for writs of mandamus, it may not be practicable

to file a petition every time Petitioner learns that the Board has refused to comply

with its notice obligations.

15. Petitioner has no other specific legal remedy for Defendant’s violation

of its public duty to publish any proposed polling place changes for 14 consecutive

days before they are approved. O.C.G.A. § 9-6-20.

4 The published notices oddly indicate that the proposals would be voted upon on May 12, 2016.

See Exhibit B at 2, 4. To the extent that this was a typo intended to be May 12, 2017, such a date

would only be eight days after May 4 and not compliant with the statute if that is when the

hearing occurred. In any event, the Post Meeting Summary, pulled from the Board’s website,

indicates that this was voted upon on April 28, 2017. See Exhibit C.

5 Exhibit E, the Approved Minutes for the December 8, 2016 meeting, was pulled from the

Board’s website.

9

16. This petition concerns one of public right whose object is to procure

the enforcement of a public duty. Petitioner is interested in having the laws

executed and the duty in question enforced, and need not show any legal or special

interest. O.C.G.A. § 9-6-24.

17. It is not manifest that a Writ of Mandamus would be nugatory or

fruitless. O.C.G.A. § 9-6-26. First, Board members may change their mind after the

public has had the full fourteen days to bring forward other information that the

Board might not have considered before voting on the proposals. Second,

subsection (b) of O.C.G.A. § 21-2-265 provides that if “20 percent of the electors

of the precinct” sign a petition “objecting to the proposed change” and presents the

petition “on or before the day set for hearing,” the polling place change “shall not

be ordered.” Thus, if affected electors dissatisfied with the proposals had fourteen

days to organize a petition instead of only six days, they may have been able to

block these changes.

WHEREFORE: Petitioner respectfully requests that this Court issue a

Mandamus Nisi (proposed order attached hereto) as soon as practicable, directing

the Defendant to be and appear before this Court within not less than ten nor more

than thirty days, as required by O.C.G.A. § 9-6-27(a), then and there to be heard,

and show cause, if any they have, why a Writ of Mandamus Absolute should not

be granted, ordering Defendant to (1) comply with its public duty to publish

10

notices of such proposals 39/17, 41/17, 42/17, and 45/17 in the legal organ once a

week for 14 consecutive days followed by a hearing; and refrain from enacting any

polling place changes embodied in proposals 39/17, 41/17, 42/17, and 45/17, in

any election unless the mandatory procedural requirements have been satisfied;

and (2) for all future proposals of polling place changes, comply with its public

duty to publish notices of such proposals in the legal organ once a week for 14

consecutive days before voting on any such proposals.

Petitioner also requests such other and further relief as may be just and

proper, including attorneys’ fees.

This 18th day of July, 2017.

Respectfully submitted,

/s/ Sean J. Young

Sean J. Young

Georgia Bar No. 790399

[email protected]

Aklima Khondoker

Georgia Bar No. 410345

[email protected]

American Civil Liberties Union

Foundation of Georgia, Inc.

P.O. Box 77208

Atlanta, Georgia 30357

(770) 303-8111

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

AMERICAN CIVIL LIBERTIES

UNION OF GEORGIA,

Petitioner,

v.

FULTON COUNTY BOARD OF

REGISTRATION AND

ELECTIONS,

Defendant.

Civil Action File

No. ___________

MANDAMUS NISI

The petition of American Civil Liberties Union of Georgia in the above-

entitled cause having been read and considered, the same is hereby sanctioned and

ordered filed; and it is further ordered that the Defendant named, Fulton County

Board of Registration and Elections, be and appear before me at the Courthouse in

the City of Atlanta, Georgia, on the ___ day of __________, 2017, at

___________o’clock, [a.m./p.m.], or so soon thereafter as can be heard, then and

there to show cause why a mandamus absolute should not be issued against them

as prayed for in the Petition, and further relief be granted as the facts of the case

may warrant.

2

It is further ordered that in default of such appearance and showing the

mandamus prayed for will be made absolute and the Petitioner will be accorded

such relief as they may show they are entitled to.

It is further ordered that a copy of said Petition and this order be served upon

said Defendants.

Dated and signed, this ____ day of ________________, 2017.

_________________________

Judge

Superior Court

Fulton County, Georgia

EXHIBIT A

7/17/2017 Public Notices | Daily Report

http://www.dailyreportonline.com/public-notices?keyword=39%2F17 1/21

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Results

Number of Records Found: 3 Viewing 1 through 3

7/10/2017

Title: PERMANENT

Category: Misce Gov Notice GAAdnumber: 0000239358-01

PRECINCT BOUNDARY LINE CHANGE/DELETION

PROPOSAL NO. 39/17 10E FROM: 10E Harper Archer Middle School 3399 Collier Dr. 10P Towns Elementary School 760 Bolton Rd.

TO: SC14 & 10E Aviation Community Cultural Center 3900 Aviation Cir NW

PERMANENT POLLING PLACE NAME CHANGE/MERGER/DELETION

https://www2.inklynk.com/dailyreport



PROPOSAL NO. 40/17 SS01 & SS25 FROM: SS01 Life Center Ministries Inc. 2690 Mount Vernon Road SS25 Life Center Ministries Inc. 2690 Mount Vernon Road

TO: SS01 Life Center Ministries Inc. 2690 Mount Vernon Road SS25 DELETE

PERMANENT POLLING PLACE LOCATION CHANGE

PROPOSAL NO. 41/17 12F & 12S FROM: 12F John Birdine Neighborhood Facility 215 Lakewood Way SW TO: 12F & 12S Southeast Library 1463 Pryor Road SW


PROPOSAL NO. 42/17 11C & SC02

FROM: 11C Fickett Elementary School 3935 Rux Rd

TO: 11C & SC02 Southwest Art Center 915 New Hope Rd

PERMANENT POLLING PLACE NAME MODIFICATION/DELETION

PROPOSAL NO. 43/17 AP01A, B,C,D, AP09A&B, AP13, and AP01E FROM: AP01A, B,C,D, Georgia State University AP09A&B 3775 Brookside Parkway AP13, and AP01E

TO: AP01A, B,C,D, Georgia State University 1st or 2nd Floor AP09A&B 3775 Brookside Parkway and AP01E AP13 DELETE

TEMPORARY POLLING PLACE LOCATION CHANGE



PROPOSAL NO. 44/17 SC30A & SC30B

FROM: SC30A Southwest Regional Library 3665 Cascade Rd. SC30B Southwest Regional Library 3665 Cascade Rd.

TO: SC30A Carver College 3870 Cascade Rd. SC30B Carver College 3870 Cascade Rd.


PROPOSAL NO. 45/17 10H1, 10H2, & 10G FROM: 10H1 &Peyton Forest School 10H2 301 Peyton Rd.

TO: 10G, St. Paul Episcopal Church 10H1 & 10H2 306 Peyton Rd.

PERMANENT POLLING PLACE NAME CHANGE

PROPOSAL NO. 46/17 SC14A & B, 10E FROM: SC14 & 10E Aviation Community Cultural Center 3900 Aviation Circle, NW

TO: SC14A & B, Aviation Community Cultural Center 10E 3900 Aviation Circle, NW

PERMANENT POLLING PLACE NAME CHANGE/DELETION

PROPOSAL NO. 47/17 SC16FROM: SC16 Sandtown Park Recreation Center 5320 Campbellton Rd.

TO: SC16A & B Sandtown Park Recreation Center



5320 Campbellton Rd. SC16 DELETE


PROPOSAL NO. 48/17 SC01A, B, C

FROM: SC01A, B, C Wolf Creek Library 3100 Enon Road, SW TO: SC01A, B, C, D Wolf Creek Library 3100 Enon Road, SW

PERMANENT PRECINCT BOUNDARY LINE CHANGE/DELETION

PROPOSAL NO. 49/17 CP04 , CP012, CP011, CP01B, CP02, CP04 FROM: CP04 CP011 CP012 CP01B CP02College Park Auditorium 3631 Main Street

TO: CP011 CP012 CP01B CP02 CP04A CP04B College Park Auditorium 3631 Main Street CP04 DELETION

PERMANENT PRECINCT BOUNDARY LINE CHANGE

PROPOSAL NO. 50/17 CP05B, CP051, CP06A, CP07A, & CP07D

FROM: CP05B, CP051, Camp Truitt Senior Center CP06A, 4320 Herschel Road CP07A, & CP07D

TO: CP05B, CP051, Camp Truitt Senior Center CP06A, 4320 Herschel Road CP07A, CP07C, & CP07D




PROPOSAL NO. 51/17 CP011, CP012, CP01B, CP02, & CP04

FROM: CP011, CP012, CP01B, College Park Auditorium CP02, & CP04 3631 Main Street

TO: CP011, CP012, CP01B, College Park Auditorium CP02, CP04, & CP04A 3631 Main Street


PROPOSAL NO. 52/17 CP081, CP083, CP08A, & SC10

FROM: CP081, CP083, CP08A, & SC10 Tracey Wyatt Recreation Center 2300 Godby Road

TO: CP081, CP083, CP08A, SC10, & CP082 Tracey Wyatt Recreation Center 2300 Godby Road


PROPOSAL NO. 53/17 CP081, CP083, CP08A, CP084 & SC10

FROM: CP081, CP083, Tracey Wyatt Recreation Center CP08A, CP084 2300 Godby Road & SC10 TO: CP081, CP083, Tracey Wyatt Recreation Center CP08A, CP084, CP085 2300 Godby Road & SC10


PROPOSAL NO. 54/17 CP051, CPO5B, CP06A, CP07A, & CP07D

FROM:



CP051, CP05B, CP06A, CP07A, & CP07D Camp Truitt Senior Center 4320 Herschel Road

TO: CP051, CPO5B, CP06A, CP07A, CP07D, & CP06D Camp Truitt Senior Center 4320 Herschel Road



FROM: CP051, CPO5B, CP06A, CP07A, & CP07D Camp Truitt Senior Center 4320 Herschel Road

TO: CP051, CPO5B, CP06A, CP07A, CP07D, & CP052 Camp Truitt Senior Center 4320 Herschel Road


PROPOSAL NO. 56/17 CP051, CP052, CP05B, CP06A, CP07A, & CP07D

FROM: CP051, CP052, CP05B, CP06A, CP07A, & CP07D Camp Truitt Senior Center 4320 Herschel Road

TO: CP051, CP05B, CP06A, CP07A, CP07D, & CP05A2 Camp Truitt Senior Center 4320 Herschel Road


PROPOSAL NO. 57/17CP051, CP05B, CP06A, CP07A, & CP07D

FROM: CP051, CP05B, CP06A, CP07A, & CP07D Camp Truitt Senior Center 4320 Herschel Road



TO: CP051, CP05B, CP06A, CP07A, CP07D, & CP07B Camp Truitt Senior Center 4320 Herschel Road

FOR PUBLISHING

THE FOLLOWING CHANGES WILL BE RECOMMENDED FOR APPROVAL BY THE BOARD OFREGISTRATION AND ELECTIONS JULY 13, 2017AT 10:00 A.M. AT A REGULAR MEETING, 130PEACHTREE STREET SW, SUTIE 2186 CONFERENCE ROOM 128 ATLANTA, GEORGIA 30303 #0000239358:7/7-2sh

7/10/2017

Title: PERMANENT






















TO: SC30A Carver College



3870 Cascade Rd. SC30B Carver College 3870 Cascade Rd.



TO: 10G, St. Paul Episcopal Church 10H1 & 10H2 306 Peyton Rd.






TO: SC16A & B Sandtown Park Recreation Center 5320 Campbellton Rd. SC16 DELETE



FROM: SC01A, B, C Wolf Creek Library 3100 Enon Road, SW



TO: SC01A, B, C, D Wolf Creek Library 3100 Enon Road, SW


PROPOSAL NO. 49/17 CP04 , CP012, CP011, CP01B, CP02, CP04 FROM: CP04 CP011 CP012 CP01B CP02College Park Auditorium 3631 Main Street









TO: CP011, CP012, CP01B,



College Park Auditorium CP02, CP04, & CP04A 3631 Main Street


























FOR PUBLISHING




7/7/2017

Title: PERMANENT






















TO: SC30A Carver College 3870 Cascade Rd. SC30B Carver College 3870 Cascade Rd.



TO:



10G, St. Paul Episcopal Church 10H1 & 10H2 306 Peyton Rd.






TO: SC16A & B Sandtown Park Recreation Center 5320 Campbellton Rd. SC16 DELETE



FROM: SC01A, B, C Wolf Creek Library 3100 Enon Road, SW TO: SC01A, B, C, D Wolf Creek Library 3100 Enon Road, SW


PROPOSAL NO. 49/17 CP04 , CP012, CP011, CP01B, CP02, CP04 FROM: CP04 CP011 CP012 CP01B



CP02College Park Auditorium 3631 Main Street









TO: CP011, CP012, CP01B, College Park Auditorium CP02, CP04, & CP04A 3631 Main Street




























FOR PUBLISHING


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EXHIBIT B


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5/9/2017

Title:

THE FOLLOWING CHANGES WILL BE RECOMMENDED FOR APPROVAL BY THEBOARD OF REGISTRATION AND ELECTIONS MAY 12, 2016 AT 10:00 A.M. AT AREGULAR MEETING, 130 PEACHTREE STREET SW, SUTIE 2186 CONFERENCEROOM 128 ATLANTA, GEORGIA 30303


TEMPORARY POLLING PLACE CHANGE LOCATION

PROPOSAL NO. 12/17 ML03 FROM: ML03 Summit Hill Elementary TO: ML021 Birmingham Falls Elementary 14865 Birmingham HWY ML022 Birmingham Falls Elementary 14865 Birmingham HWY ML023 Birmingham Falls Elementary 14865 Birmingham HWY ML024 Birmingham Falls Elementary 14865 Birmingham HWY PROPOSAL NO. 13/17 RW04




FROM: RW04 River Eves Elementary 9000 Eves Road

TO: RW04 Esther Jackson Elementary 1400 Martin Road


PROPOSAL NO. 14/17 RW05 FROM: RW05 ELKINS Pointe Middle School 11290 Elkins Road

TO: RW05 Mimosa Elementary 1550 Warsaw Road AP03 Mimosa Elementary 1550 Warsaw Road RW07A Mimosa Elementary 1550 Warsaw Road RW07B Mimosa Elementary 1550 Warsaw Road

PERMANENT POLLING PLACE CHANGE LOCATION

PROPOSAL NO. 15/17 RW21 FROM: RW21 Hillside Elementary 9250 Scott Road

TO: RW21 Johns Creek Environmental Campus 8100 Holcomb Bridge Road JC19 Johns Creek Environmental Campus 8100 Holcomb Bridge Road


PROPOSAL NO. 16/17 AP12A, AP13B, AP12C FROM: AP12A, Alpharetta High School AP12B, 3595 Webb Bridge Road AP12C

TO: AP12A, St James United Methodist Church AP12B, 3000 Webb Bridge Road AP12C, AP07A




PROPOSAL NO. 17/17 ML05A, ML05B, ML05C FROM: ML05A, Cogburn Woods Elementary School ML05B, 13080 Cogburn Road ML05C

TO: ML05A, Hopewell Middle School ML05B, 13060 Cogburn Road ML05C ML04A


PROPOSAL NO. 18/17 ML06A, ML06B FROM: ML06A, Manning Oaks Elemetary ML06B 405 Cumming St

TO: ML06A, Alpharetta Library ML06B 10 Park Plaza AP10 Alpharetta Library 10 Park Plaza PROPOSAL NO. 19/17 JC11 FROM: JC11 State Bridge Elementary 5530 State Bridge Road

TO: JC11 Johns Creek High School 5575 State Bridge Road

ALL AFFECTED VOTERS WILL BE NOTIFIED IMMEDIATELY OF THIS CHANGE BY FIRSTCLASS MAIL. WARNING: IN ACCORDANCE WITH GEORGIA ELECTION CODE SECTION 21-2-265(a), ANYPERSON OBJECTING THERETO MUST FILE THEIR OBJECTION WITH THE ELECTIONSUPERINTENDENT ON OR BEFORE THE DATE LISTED ABOVE BY CONTACTING THEELECTIONS DIVISION, 130 PEACHTREE STREET S.W. SUITE 2186, ATLANTA, GA 30303. TEL:404-612-7020. #0000220459:5/4-2sh

5/4/2017

Title:

THE FOLLOWING CHANGES WILL BE RECOMMENDED FOR APPROVAL BY THEBOARD OF REGISTRATION AND ELECTIONS MAY 12, 2016 AT 10:00 A.M. AT AREGULAR MEETING, 130 PEACHTREE STREET SW, SUTIE 2186 CONFERENCEROOM 128 ATLANTA, GEORGIA 30303

Category: Misce Gov Notice GA



Adnumber: 0000220459-01


PROPOSAL NO. 12/17 ML03 FROM: ML03 Summit Hill Elementary TO: ML021 Birmingham Falls Elementary 14865 Birmingham HWY ML022 Birmingham Falls Elementary 14865 Birmingham HWY ML023 Birmingham Falls Elementary 14865 Birmingham HWY ML024 Birmingham Falls Elementary 14865 Birmingham HWY PROPOSAL NO. 13/17 RW04 FROM: RW04 River Eves Elementary 9000 Eves Road

TO: RW04 Esther Jackson Elementary 1400 Martin Road


PROPOSAL NO. 14/17 RW05 FROM: RW05 ELKINS Pointe Middle School 11290 Elkins Road

TO: RW05 Mimosa Elementary 1550 Warsaw Road AP03 Mimosa Elementary 1550 Warsaw Road RW07A Mimosa Elementary 1550 Warsaw Road RW07B Mimosa Elementary 1550 Warsaw Road

PERMANENT POLLING PLACE CHANGE LOCATION

PROPOSAL NO. 15/17 RW21 FROM: RW21 Hillside Elementary 9250 Scott Road



TO: RW21 Johns Creek Environmental Campus 8100 Holcomb Bridge Road JC19 Johns Creek Environmental Campus 8100 Holcomb Bridge Road


PROPOSAL NO. 16/17 AP12A, AP13B, AP12C FROM: AP12A, Alpharetta High School AP12B, 3595 Webb Bridge Road AP12C

TO: AP12A, St James United Methodist Church AP12B, 3000 Webb Bridge Road AP12C, AP07A


PROPOSAL NO. 17/17 ML05A, ML05B, ML05C FROM: ML05A, Cogburn Woods Elementary School ML05B, 13080 Cogburn Road ML05C

TO: ML05A, Hopewell Middle School ML05B, 13060 Cogburn Road ML05C ML04A


PROPOSAL NO. 18/17 ML06A, ML06B FROM: ML06A, Manning Oaks Elemetary ML06B 405 Cumming St

TO: ML06A, Alpharetta Library ML06B 10 Park Plaza AP10 Alpharetta Library 10 Park Plaza PROPOSAL NO. 19/17 JC11 FROM: JC11 State Bridge Elementary 5530 State Bridge Road

TO:



JC11 Johns Creek High School 5575 State Bridge Road

ALL AFFECTED VOTERS WILL BE NOTIFIED IMMEDIATELY OF THIS CHANGE BY FIRSTCLASS MAIL. WARNING: IN ACCORDANCE WITH GEORGIA ELECTION CODE SECTION 21-2-265(a), ANYPERSON OBJECTING THERETO MUST FILE THEIR OBJECTION WITH THE ELECTIONSUPERINTENDENT ON OR BEFORE THE DATE LISTED ABOVE BY CONTACTING THEELECTIONS DIVISION, 130 PEACHTREE STREET S.W. SUITE 2186, ATLANTA, GA 30303. TEL:404-612-7020. #0000220459:5/4-2sh

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EXHIBIT C

BOARD OF REGISTRATION AND ELECTIONS POST MEETING SUMMARY – APRIL 28, 2017

Pursuant to O.C.G.A. § 50-14-1(e)(2)(4), the following is an overview of the subjects acted on at the Special Session on Friday, April 28, 2017, at 10:00 A.M. in the Conference Room 128 of the Public Safety Building, 130 Peachtree Street, SW, Suite 2186, Atlanta, Georgia.

Presiding: Ms. Mary Carole Cooney, Chairperson

Other Board Members Present: Mr. David Burge Mr. Aaron Johnson Ms. Vernetta K. Nuriddin, Vice Chair Absent Board Member: Mr. Stan Matarazzo

#1 – APPROVAL OF AGENDA Mr. Burge made a motion to approve the agenda as written. The motion was seconded by Mr. Johnson and the approval of the agenda passed by a unanimous vote of 4-0.

#2 – Communications and Public Response There were none.

NEW BUSINESS

#3- Approvals of Precinct Proposal Changes Numbers 11/17 through 19/17

A motion was entertained by Chair Cooney to approve Precinct Proposal Numbers 11/17 - 19/17 for permanent and temporary polling place changes. Mr. Burge made a motion, seconded by Mr. Johnson and passed by a unanimous vote of 4-0.

Post-Meeting Summary Regular Meeting- April 28, 2017

Page 2 of 2

EXECUTIVE SESSION The board did not enter into executive session. ADJOURNMENT A motion was entertained by Chairperson Cooney to adjourn. Mr. Johnson made a motion, seconded by Ms. Cooney and passed by a unanimous vote of 4-0 The meeting adjourned at 10:15 A.M.

Prepared By, Felisa Cordy, Secretary to the Board

EXHIBIT D



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12/7/2016

Title: PERMANENT


PRECINCT CREATION, NAME AND BOUNDARY LINE CHANGES

PROPOSAL NO. 29/16 EP01 FROM: EP01 First Methodist Church 2651 Church Street TO: EP01A First Methodist Church 2651 Church Street TO: EP01B First Methodist Church 2651 Church Street

PERMANENT PRECINCT CREATION, NAME AND BOUNDARY LINE CHANGES




PROPOSAL NO. 20/16 EP02FROM: EP02 Jefferson Recreation Center 1431 Norman Berry Drive TO: EP02A Jefferson Recreation Center 1431 Norman Berry Drive EP02B Jefferson Recreation Center 1431 Norman Berry Drive EP02C Jefferson Recreation Center 1431 Norman Berry Drive

EP02D Jefferson Recreation Center 1431 Norman Berry Drive

EP02E Jefferson Recreation Center 1431 Norman Berry Drive EP02F Jefferson Recreation Center 1431 Norman Berry Drive


PROPOSAL NO. 30/16 EP03FROM: EP03 St. Stephens Missionary Baptist 2670 Hogan Road TO: EP03A St. Stephens Missionary Baptist 2670 Hogan Road TO: EP03B St. Stephens Missionary Baptist 2670 Hogan Road


PROPOSAL NO. 19/16 12H FROM: 12H Cleveland Avenue School 2672 Old Hapeville Road TO: 12H1



Cleveland Avenue School 672 Old Hapeville Road TO: 12H2 Cleveland Avenue School 2672 Old Hapeville Road


PROPOSAL NO. 31/16 APO1A, AP01B, AP01C, AP01D AP09A, AP09B, AP13 FROM: AP09AGeorgia State University 3775 Brookside Parkway 2nd Floor

FROM: AP09B Georgia State University 3775 Brookside Parkway 2nd Floor TO: AP09AGeorgia State University 3775 Brookside Parkway 1st Floor TO: AP09B Georgia State University 3775 Brookside Parkway 1st Floor

FOR PUBLISHING

THE FOLLOWING CHANGES WILL BE RECOMMENDED FOR APPROVAL BY THE BOARD OFREGISTRATION AND ELECTIONS ON DECEMBER 8, 2016 AT 10:00 A.M. AT A REGULARMEETING, 130 PEACHTREE STREET SW, SUITE 2186 ATLANTA, GEORGIA 30303. #0000176227:12/5-2sh

12/5/2016

Title: PERMANENT


PRECINCT CREATION, NAME AND BOUNDARY LINE CHANGES

PROPOSAL NO. 29/16 EP01 FROM: EP01 First Methodist Church 2651 Church Street TO: EP01A



First Methodist Church 2651 Church Street TO: EP01B First Methodist Church 2651 Church Street


PROPOSAL NO. 20/16 EP02FROM: EP02 Jefferson Recreation Center 1431 Norman Berry Drive TO: EP02A Jefferson Recreation Center 1431 Norman Berry Drive EP02B Jefferson Recreation Center 1431 Norman Berry Drive EP02C Jefferson Recreation Center 1431 Norman Berry Drive

EP02D Jefferson Recreation Center 1431 Norman Berry Drive

EP02E Jefferson Recreation Center 1431 Norman Berry Drive EP02F Jefferson Recreation Center 1431 Norman Berry Drive


PROPOSAL NO. 30/16 EP03FROM: EP03 St. Stephens Missionary Baptist 2670 Hogan Road TO: EP03A St. Stephens Missionary Baptist 2670 Hogan Road TO: EP03B St. Stephens Missionary Baptist 2670 Hogan Road




PROPOSAL NO. 19/16 12H FROM: 12H Cleveland Avenue School 2672 Old Hapeville Road TO: 12H1 Cleveland Avenue School 672 Old Hapeville Road TO: 12H2 Cleveland Avenue School 2672 Old Hapeville Road


PROPOSAL NO. 31/16 APO1A, AP01B, AP01C, AP01D AP09A, AP09B, AP13 FROM: AP09AGeorgia State University 3775 Brookside Parkway 2nd Floor

FROM: AP09B Georgia State University 3775 Brookside Parkway 2nd Floor TO: AP09AGeorgia State University 3775 Brookside Parkway 1st Floor TO: AP09B Georgia State University 3775 Brookside Parkway 1st Floor

FOR PUBLISHING

THE FOLLOWING CHANGES WILL BE RECOMMENDED FOR APPROVAL BY THE BOARD OFREGISTRATION AND ELECTIONS ON DECEMBER 8, 2016 AT 10:00 A.M. AT A REGULARMEETING, 130 PEACHTREE STREET SW, SUITE 2186 ATLANTA, GEORGIA 30303. #0000176227:12/5-2sh

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EXHIBIT E

APPROVED MINUTES

BOARD OF REGISTRATION AND ELECTIONS REGULAR MEETING – December 8, 2016

The Fulton County Board of Registration and Elections met in Regular Session on Thursday, December 8, 2016, at 10:00 a.m., in the Strategic Planning Conference Room, 6th Floor, 141 Pryor Street, Atlanta, GA 30303 Presiding: Ms. Mary Carole Cooney, Chairperson Other Board Members Present: Mr. Luther Beck, Vice Chair

Mr. Stan Matarazzo Mr. David Burge Absent: Mrs. Rukiya Thomas Staff Attending: Mr. Richard Barron, Director; Mr. Ralph Jones, Registration Chief; Mrs. Pamela Coman, Registration Manager; Mrs. Sharon Benjamin, Deputy Elections Chief; Mr. Johnny Harris, Elections Officer; Ms. Brenda McCloud, Administrative Coordinator II; Ms. Breauna Jenkins, Administrative Specialist; Attorney David Lowman, Staff Attorney; Attorney Cheryl Ringer, Staff Attorney and Ms. April Majors, Senior Public Affairs Officer. Guests Attending: David Ross, Dee Franklin, Reshard El-Shair, Paulette DeVaughn, David Williams, Robert Kelly, Richard Loveland, Corey Reeves, Kalvin Bennett, J.R. Walston (FCC Social Action), Patty Sharaf, Catherine Rowell, Tracy Rolle, Rhonda Johnson (City of Atlanta), Gianna Barnett, Khalid Kamau, Linda Pritchett and Mark Baker

#1 – APPROVAL OF AGENDA Mr. Matarazzo moved to approve the agenda as presented. The motion was seconded by Vice Chair Beck and carried by a unanimous vote of 4-0.

#2 – COMMUNICATIONS AND PUBLIC RESPONSE Ms. Cooney asked if any member of the public wished to be heard, and there were none. Subsequently, Ms. Cooney announced that she had just received a speaker’s card and wanted to give the individual a chance to speak. Ms. Patricia Sharaf raised a question about the recount procedure. Ms. Cooney stated that recounts are conducted pursuant to Georgia Law and the results posted are official. However, Ms. Sharaf would be able to take a look at the Georgia Law at the conclusion of the meeting.

#3 – REMOVAL OF NAMES FROM VOTER LIST DUE TO FELONY CONVICTIONS Mrs. Coman presented the December 8, 2016 Felon Report to the Board and recommended the removal of 431 names from the electors’ rolls. Ms. Cooney asked if notices had been sent, and Mrs. Coman stated

Approved Minutes Regular Meeting – December 8, 2016

Page 2

that notices were sent and no responses were received. Ms. Cooney asked if there were any questions. Mr. Matarazzo asked if there was any difference between the 431 that was presented and what the State had given. Mr. Jones stated there was no difference. Mr. Matarazzo moved to remove 431 names from the electors’ rolls as listed on Exhibits A, B, C, D and E on the December 8, 2016 Felon Report. The motion was seconded by Vice Chair Beck and carried by a unanimous vote of 4-0.

OLD BUSINESS

#4 – APPROVAL OF MINUTES Mr. Matarazzo moved to approve the minutes from the Regular Meeting of October 13, 2016. The motion was seconded by Vice Chair Beck and carried by a unanimous vote of 4-0. Mr. Matarazzo moved to approve the minutes from the Special Meetings on November 8 and November 15. The motion was seconded by Vice Chair Beck, and Mr. Burge abstained. Motion carried by a vote of 3-0-1.

#5 – MONTHLY OPERATIONS REPORT FOR NOVEMBER 2016 Mr. Barron highlighted elections, voter registration and administrative related issues:

The remaining personnel hired for the November Election are scheduled to leave December 13, 2016

Two elections in March- Roswell and City of South Fulton on March 21. New staff will be brought on at the beginning of February

Early voting for March Election will be February 27- March 17 and will be held at the South Annex, Roswell Library and Wolf Creek Library (locations are tentative)

Mock Testing for reporting software is scheduled for February 28 and March 14

Discussed timeline of dates for the new City of South Fulton

Voter Registration Division processed 264,437 applications for 2016- which was more than October and November of 2012

Currently 602,000 active voters- has never before been above 600,000

40,000 voter registration applications to be processed

Administrative Secretary vacancy

Budget was not cut; added $21,000 for software maintenance fees

Department was nominated for a Civic Innovation Award

#6- UPDATE ON FINANCIAL OVERSIGHT Mr. Matarazzo presented a summary of the budget through the Month of October. Year to date, we are 15% below of what was budgeted. He presented that in all other areas of the budget, the department will be under budget as well. Mr. Barron stated that the month of November was not in the handout and that the department used, or came very close to using, the entire budget for the conduct of the November Election.


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NEW BUSINESS

#7 – APPROVAL OF PRECINCT CREATION, NAME AND BOUNDARY LINE AND POLL LOCATION CHANGES: PROPOSAL NUMBERS 20/16 AND 28/16 Mrs. Benjamin presented five proposals for approval: 20/16 and 28/16 through 31/16. Four of the proposals are boundary line changes. All changes will be advertised in the Daily Report and voters will also receive notification by mail 30 days prior to the scheduled election. Motion made by Mr. Matarazzo, seconded by Vice Chair Beck to approve Proposal Numbers 28/16 (Precinct Creation, Name and Boundary Line Change) and 31/16 (Polling Place Location Change); however, Motion made by Vice Chair Beck and seconded by Mr. Matarazzo to table Proposal Numbers 20/16, 29/16 and 30/16 (Precinct Creation, Name and Boundary Line Changes) due to corrections to be made and they will be placed on the agenda for the January 10, 2017 regular meeting of the Board. Each of these Motions carried by a unanimous vote of 4-0.

#8 – CALL CITY OF SOUTH FULTON ELECTION Ms. Cooney presented the Call of the City of South Fulton Special Election to be held on March 21, 2017. Mr. Matarazzo inquired about the terms of the council members. Attorney Ringer stated that the terms are two-years originally, and will switch to four-year terms thereafter so that years are staggered. Mr. Matarrazzo made a motion to approve the Call of the City of South Fulton Election, seconded by Vice Chair Beck. Motion carried by a unanimous vote of 4-0. Mr. Barron stated that precinct cards for this election will be ordered in two weeks from the Secretary of State’s office. There will also be a head of household mailing sent out.

#9- APPROVAL OF QUALIFYING FEES FOR THE CITY OF SOUTH FULTON Ms. Cooney presented the qualifying fees to be approved for the office of Mayor ($690.00) and Councilmembers ($390.00). Motion to approve fees made by Vice Chair Beck and seconded by Mr. Matarazzo. Motion carried by a unanimous vote of 4-0.

#10- SERVICE ACKNOWLEDGEMENT Ms. Cooney acknowledged the service and performance of Mrs. Shirley Arnold on this day of her retirement. Mr. Matarazzo recognized the hard work and diligence of Mrs. Arnold and presented her with a card from the Board in appreciation of her work.

EXECUTIVE SESSION

Ms. Cooney opened the f loor for a motion to convene into executive session for a performance

evaluation of the Executive Director.

Mr. Matarazzo moved to convene into executive session. The motion was seconded by Vice Chair Beck and Mr. Burge abstained. The motion was carried by a vote of 3-0-1.


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RESUMPTION OF REGULAR MEETING

Mr. Matarazzo moved to reconvene into regular session. The motion was seconded by Vice Chair

Beck and carried by a unanimous vote of 4-0.

ADJOURNMENT

With no other items requiring the Board’s action, Chairperson Cooney entertained a motion to adjourn. Mr. Matarazzo moved to adjourn the meeting. The motion was seconded by Vice Chair Beck and carried by a unanimous vote of 4-0.

Prepared by,

Breauna Jenkins Administrative Specialist

IN THE SUPERIOR COURT OF FULTON COUNTY STATE … · american civil liberties union of georgia, petitioner, v. fulton county board of registration and elections, defendant. ... ga.

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