Forsyth election challenger to appeal to Ga. high court

Published on: 08/25/04

in the Atlanta Journal Constitution

The magistrate candidate who lost her challenge to Forsyth County's primary election will appeal to the state Supreme Court, asking that the November general election be postponed if necessary.

Melissa Banker, an attorney in Cumming, will appeal a ruling by Superior Court Judge John Langford that notice to voters about another candidate's withdrawal from the race was in "substantial compliance" with election statutes.
Banker lost by 1,050 votes to incumbent Barbara Cole in the nonpartisan primary July 20. A third candidate listed on the ballot, John Adams, received 1,817 votes even though he withdrew weeks earlier.

Elections officials maintained they provided notice to voters that Adams had withdrawn and that votes for him would not be counted.

Banker argued that the notice was flawed and many voters who cast ballots for Adams would have voted for her if they had been informed. Adams had asked his supporters to back Banker when he withdrew.

— Marcia Langhenry