Reversal allows Nelson to keep seat on commission
Alvin Nelson will remain at his seat on the Waycross City Commission following a ruling last week by the Georgia Supreme Court.
The court’s reversal of a decision rendered last May by Senior Judge Gary McCorvey allows Nelson to keep the District 5 seat he won by 18 votes during the November 2023 Muncipal Election. The rever-sal was released by the high court Tuesday, January 28.
“I feel vindicated,” Nelson said of the ruling on his appeal of McCorvey’s decision in the lawsuit filed November 17 in Ware County Superior Court by incumbent Henry Strickland. “(Justices) were very thorough and addressed every concern (Strickland) had and we had, which is what you’re hoping for.”
Strickland filed his action after the vote was certified by the Ware County Board of Elections and Registration citing the use of an incorrect map to determine district voters. McCorvey, retired from the Tifton Judicial Circuit, sided with Strickland in his ruling following six hours of testimony from seven witnesses in a hearing April 3, 2024.
Strickland’s suit alleged the board of elections, which administers elections for the City of Waycross, incorrectly used a 2005 map for the election instead of a 2011 map. Using the 2005 map resulted in 32 voters casting ballots in the “wrong” districts.
McCorvey’s decision ordered a special election. It also removed Nelson from the seat until the election could be held.
Nelson, who lost to Strickland in voting for the District 5 seat in 2019, appealed the decision to the Supreme Court May 13. He contended a step required by statute to make the 2011 map effective — making certain filings with the Secretary of State and the Ware County Superior Court Clerk — had not happened.
Another part of Nelson’s appeal was to be returned to the commission seat until it was determined if the appeal would be heard.
The high court agreed announcing in September it would hear the appeal during its winter term beginning November 5. Nelson returned to his seat September 16.
“I have to accept the decision,” said Strickland. “I may not agree with it, but it came from the highest level and there’s not a lot I can do about that.
“I enjoyed my time representing District 5. I met a lot of great people and hopefully we (city commissioners) were able to build a future for the children here. I’m grateful for the opportunity to help with our growth and make the City of Waycross better.
Nelson
“Being a commissioner takes up a great deal of time. I’ll continue to help the city seek businesses for our growth.”
In its 14-page ruling, the Supreme Court said: “We now reverse the trial court’s judgment. Strickland’s challenge is based on the assumption that the 2011 map was in effect for the 2023 election, and that because the 2005 map was used instead, enough votes were cast in the wrong districts to call the election results into doubt.
“But as Nelson contends, the 2011 map never became effective, because none of the filings with the Secretary of State and clerk of the superior court required by OCGA § 3635-5 to make the (city) charter amendment effective have been made.
“Because the 2011 map was not effective at the time of the election, there is now no basis in the record for the trial court’s conclusion that enough illegal or irregular votes were counted to change or cast doubt on the outcome of the election, which leaves no ground for vacating the election. Strickland’s petition must therefore be rejected.”
Appeals involving elections go to the Supreme Court rather than the Court of Appeals by Georgia law.
