Georgia Cases April 12, 2024: Catoosa Cnty. Republican Party v. Steven M.

Case Description

1

The Court of Appeals hereby passes the following order:

In this action seeking to prohibit the respondents from preventing the qualification of petitioners as Republican candidates for county offices, the respondents appeal from a trial court order that, inter alia, issued injunctive relief to the effect that each of the petitioners "is entitled to qualify with the Catoosa County election superintendent at their offices" for a county election. The petitioners have filed a motion to transfer this appeal to the Supreme Court of Georgia.

The Supreme Court "has exclusive appellate jurisdiction over '[a]ll cases of election contest.'" Cook v. Bd. of Registrars , 291 Ga. 67, 68 (2) (a) (1) (727 S.E.2d 478) (2012) (quoting Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (2)). Because the underlying subject matter of this action is an "election contest," it appears that jurisdiction over this appeal may lie in the Supreme Court. See Cook , 291 Ga. at 71 (2) (a) (3) (observing that various pre-election "candidacy challenges . . . qualify as 'cases of election contest' within [the Supreme] Court's jurisdiction"). Further, the Supreme Court has the ultimate responsibility for determining appellate jurisdiction. See Saxton v. Coastal Dialysis &Med. Clinic , 267 Ga. 177, 178 (476 S.E.2d 587) (1996).

2

Accordingly, the petitioners' motion to transfer is GRANTED, and this appeal is hereby TRANSFERRED to the Supreme Court for disposition.