Georgia High Court: Votes Cast for Dead Candidate are Void

Oct 19, 2020

Georgia’s highest court ruled Monday that votes cast for a candidate who dies before Election Day are void. The Georgia Supreme Court’s unanimous opinion upheld a lower court ruling that said votes cast for a candidate who died three days before the June election for a seat on the Athens-Clarke County Commission were not valid.

Jerry NeSmith, who died on June 6, got the most votes. The county elections board declared his opponent Jesse Houle commissioner-elect, relying on Georgia law and state Supreme Court precedent saying all votes for NeSmith were void because of his death.