HomeMy Public PortalAbout19720504SCMeeting1
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Savannah Beach, Georgia
May 4, 1972
A Special Meeting of City Council was held today for the purpose
of considering and taking some action on the several petitions
which have been filed with the City Clerk, contesting the results
of the Municipal Election held on April 3, 1972, for various
reasons and grounds.
The Meeting was presided over by Michael J. Counihan, Mayor, and
the following Councilmen were presents Edward Jung, Edward Towns,
Robert Cary, and Perry Zittrauer, Jr. City Attorney Bart Shea
was also present. Also, present was John Wright Jones.
Visitors at the Meeting were :. Mr. Allen Hendrix, Ernest Hosti,
Henry Glisson, Walter Parker, Earl Anderson, Karen Losey, William
Vogel, and Robert Stark. Also present were David Cohen, Lance Smith,
Barney Portman, Phyllis Cary, Margaret Spellman, and Beverly Hatch.
After Mayor Counihan had opened the Meeting and announced its
purpose, he turned it over to City Attorney Bart Shea. Mr. Shea
stated that there had been several petitions filed contesting the
results of the April 3rd Election and those who have filed petitions
are Michael J. Counihan, Robert F. Cary, Mary Eloise O'Leary,
Patricia Ann Canty Merrick, and Karen Losey. There are six
separate petitions contesting the Election on specific grounds as
well as general grounds; he stated. In addition to those petitions,
a petition had been issued from Shelby Myrick, Jr., who was the
Superintendent of the April 3rd Election, and in which he states
that there was an inadvertent error in that six absentee ballots,
all of which were for Mr. Counihan, were not counted in the final
tabulation. In his petition, Judge Myrick requests his certifica-
tion of April 19, 19 72 be amended to reflect these six votes.
JUDGE MYRICK'S PETITION
Attorney Lance Smith, who represents Mrs. Karen Losey, one of the
petitioners, was asked by Mr. Shea if he had any specific comments
he would like to make before the meeting went any farther. He said
that he had none.
City Attorney Bart Shea stated that he had made his recommendations
to City Council, in a form that they could adopt. He requested
everyone to pay attention to it because it was applicable to all
the petitions. He then read the following Orders
-ORDER-
Following the reading of the Order, Councilman Edward Towns made
a motion that the Council's Certification of April 19, 1972 be
amended to correspond to the results in Judge Myrick's certification
reflecting the addition of the six uncounted ballots. The motion
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was seconded by Councilman Zittrauer and unanimously carried.
Councilman Towns moved that the Order be adopted. It was seconded
by Councilman Jung and unanimously adopted.
City Attorney Shea informed Council that now that the results of the
election had been officially certified, any aggrieved party who has
protected his right by filing a petition with Council may, as
stated within the motion and according to the rules of the Georgia
Municipal Election Code, file an appeal to the Superior Court
*ithin ten days, the last day for filing such an appeal being the
15th of May, 1972. He stated further this appeal would be a de
novo hearing which, in terms of law, would be an examination into
each individual's qualifications, each individual's vote as to
whether it was valid or invalid; and a complete,new election could
be held which, incidentally, has been asked for by both sides. Mr.
Shea continued saying that since this was a Special called Meeting
for only one purpose and no more business could be brought before
Council at this Meeting, he felt that the Meeting could be adjourned.
Mr. Lance Smith stated that just for the record, he would like to
enter this objection to the entire proceedings. Mr, Shea stated
that the record should show that a written objection has been added
to the proceedings and presented to the Clerk; and, in the event
of an appeal, will be transmitted with all the remaining papers to
the Superior Court,
PETITION OF MR. SMITH
The various other petitions submitted and made a part of this
Meeting were:
PETITION OF MRS. KAREN LOSEY
PETITION OF MARY ELOISE PATTERSON O'LEARY,
WANDA L. DURDEN, PATRICIA ANN CANTY MERRICK
PETITION OF ROBERT F. CARY
PETITION OF MICHAEL J. COUNIHAN
There being no further business, the Meeting was adjourned to
the next regular or special called meeting.
CLERK OF COUNCIL
MAYOR
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TO THE MAYOR AND ALDERMEN OF SAVANNAH BEACH, GEORGIA
The petition of SHELBY MYRICK, JR., Superintendant of the
Savannah Beach City Election of April 3, 1972, respectfully shows:
1. That on the evening of April 3, 1972, all the ballots,
(challenged and absentee) were counted as well as the counters on
the voting machines. No certification was made at that time since
it was necessary to have legal questions and factual questions
determined before certification. There were five categories and
the count was at each stage:
(a) Machine vote only - Counihan, 374; Hendrix 419.
(b) Forty (40) absentee ballots challenged on the grounds
their date of receipt by the Registrars was not shown
in their envelope (Sec. 34A -1308) - Counihan, 31;
Hendrix, 8; 1 write -in vote for Roach.
(c) Six (6) absentee ballots challenged on the above
ground (Sec. 34A -1308) and on the further ground that
the application did not show any dates sent out or
returned (Sec. 34A- 1304(a) - Counihan, 6; Hendrix, O.
(d) Eighteen (18) absentee ballots challenged on grounds
set out in (b) above and on grounds of residency -
Counihan, 18; Hendrix, 0.
(e) Twenty -seven (27) challenged voters on grounds of
residency (9 residing only, 18 residing and not on
voters list (Sec. 34A -517 and 34A-521) - Counihan, 9;
Hendrix, 18.
Totals (a) through (e) - Counihan,438 and Hendrix, 445.
2. That after numerous hearings, citations of law and arguments
by Counsel for both sides and orders as handed down April 19, 1972,
(See transcript by William M. DeLoach, Court Reporter, 16 pages) in
which 21 of the various groups cited (b) through (e) were held to be
improper ballots not subject to be counted and a certification of
the results of the election was handed down to which reference is
made; which results showed Counihan, 423 and Hendrix, 433. This
differs by 27 from the total shown in Paragraph 1 above - 438 + 445 =
883; 4 ?3 + 433 = 456 + 27 = 883. Thus it is obvious that the acting
Absentee Ballot and Challenged Ballot Committee consisting of the
undersigned and counsel for both sides failed to count category (c)
listed in Paragraph 1 above (6 votes). The Superintendant ruled
(pages 3 and 4 of Order of April 19, 1972, above referred to) that
these votes should be counted.. Their failure to be counted was
through oversight and mistake.
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WHEREFORE PETITIONER PRAYS:
(a) That these 6 ballots be publicly re- counted.
(b) That the certification of April 19, 1972 be amended to
correspond to what such recount will show.
Signed by Shelby Myrick, Jr.
Superintendant, Savannah Beach City
Election, April 3, 1972
A F F I D A V I T
Personally appeared before the undersigned- officer,
Shelby Myrick, Jr. , who after being duly sworn, deposes and says
that the facts set out in the foregoing petition are true and correct.
Sworn to and subscribed before
me this 2nd day of May, 1972.
Signed by Janet Cribbs
Notary Public
Signed by Shelby Myrick, Jr.
RE -COUNT OF SIX (6) ABSENTEE BALLOTS
CHALLENGED ON TWO (2) GROUNDS
Recount Previous Final
6 Absentee Certi- Totals
Ballots fication Corrected
lA M. J. COUNIHAN 6 423 429
2A WILLIAM ALLEN HENDRIX 0 433 433
3A EARL R. ANDERSON 1 235 236
4A ROBERT F. CARY 6 390 396
5A HENRY H. GLISSON o 339 339
6A ERNEST C. HOSTI 1 524 525
7A EDWARD JUNG 6 411 417
8A KAREN YOUNG LOSEY 0 364 364
9A WALTER WARREN PARKER 0 408 408
10A GEORGE REMETA 6 406 412
11A ROBERT CARLTON STARK 0 347 347
12A JAMES M. STETTLER 4 378 382
13A EDWARD W. TOWNS 6 441 447
14A WILLIAM ARNO VOGEL 0 354 354
15A PERRY A. ZITTRAUER, JR. 6 392 398
RECOUNTED THIS MAY 4th, 1972
IN THE PRESENCE OF
SHELBY MYRICK, JR.
BART SHEA
W. LANCE SMITH and
JOHN M. HAAR, JR.
Signed by Shelby Myrick, Jr.
Shelby Myrick, Mr.
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
IN RE: )
)
VARIOUS PETITIONS CONTESTING THE ELECTION )
)
FOR MAYOR AND COUNCILMEN OF APRIL 3, 1972. )
)
IT APPEARING that various petitions have been received by
the City Clerk of the Municipality within five days after the
results of the election of April 3, 1972 were certified to the
governing body of the City by the Superintendent of such election,
the Honorable Shelby Myrick, Jr., such certification having been
made by him on April 19, 1972 and ratified and adopted by the
Municipality at its regular monthly council meeting on April 19,
1972; and
IT APPEARING FURTHER that the Honorable Shelby Myrick, Jr.,
Superintendent of said election has also petitioned the Mayor and
Councilmen that six absentee ballots previously ruled upon by the
Superintendent as being valid, but not included through oversight
and mistake be included and that such certification of April 19,
1972 be amended to correspond to what such recount will show; and
IT APPEARING FURTHER that written notice was given by the
City Clerk to all candidates involved in such election, such notice
stating the time and place of the hearing to be held in accordance
with the provisions of Section 35 of the Charter of the Municipality
and Section 34A -1501 of the Georgia Municipal Election Code. A copy
of the petitions of contest were included within such notice and the
notice stated that the time and place of such special meeting of
City Council was Thursday, May 4, 1972 at 7 :00 o'clock P.M. at
Savannah Beach, such hearing time and place being not more than ten
days nor less than five days after service of such notice upon all
candidates involved; and
IT APPEARING ALSO that in accordance with the provisions of
Section 35 of the Charter of the Municipality at such hearing the
governing body shall have the authority to examine the qualifications
of electors concerning their right to vote, order a recount of ballots,
examine the registration lists and perform such acts and conduct such
examinations as may be deemed necessary to determine the validity of
a contest of an election, and making final determination thereof; and
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IT APPEARING FURTHER that according to the provisions of
Section 34A -1501 "any member of the governing body involved in
the contest shall disqualify himself from judging such contest ";
and
IT APPEARING FURTHER that with the exception of one council-
man namely, George F. Schwarz, who is not present at the hearing
meeting of May 4, 1972, having previously obtained a leave of
absence due to being out of the country, all remaining councilmen
of the present governing authority of the Municipality Were candi-
dates, were interested and involved in such Municipal elections and
therefore must disqualify themselves from participating in and /or
judging such contests heretofore filed; and
IT APPEARING FURTHER, therefore, that the sole and primary
responsibility of the Mayor and Councilmen of the Municipality
as its governing authority should be to enter an order declaring
that the final determination of this governing body should be the
same as, and consistent with, the certification of the Superintendent
as amended by any action that the governing body may take concerning
the inclusion or exclusion of the six ballots omitted from the final
certification through oversight or mistake, and should declare the
results of such election to be as follows:
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED: that
WILLIAM ALLEN HENDRIX received a total of 4.33 votes for the office
of Mayor and MICHAEL J. COUNIHP.N received a total of 429 votes for
the office of Mayor; and that the following named individuals
received the votes indicates next to their name for Councilmen of
the City of Savannah Beach, Tybee Island:
Earl R. Anderson. . . ........., 4,444,4,141.4 .. . . . . • •4236
Robert F. Cary.... . ...... .,....,,.....4.,....... , 396
Henry H. .Gliss on................:......._ ....._ 339
Ernest C. Hos. t i ......................., 525
Edward Jung ........._ ._ .........., .....:....... , 417
Karen Young Losey.. • ... .... ,....,.,.,........... . . . 364
Walter Warren Parker. 0.0.44,44 .; ...., 408
George Remeta.................., .., 412
Robert Carlton Stark. ...... .........,....,347
James M. Stettler....... .........:., b.:.........• 382
Edward W. Towns................., ......:11.4...4 447
William Arno Vogel .......,.. ..,..,...,354
Perry A. Zittrauer, Jr 398
and that the results of such election heretofore held are hereby
declared to be as follows:
We therefore determine and certify that based upon the fore-
going, the following candidates are hereby declared to be the
elected candidates for Mayor and six Councilmen of the Municipality
with the total votes shown next to their respective names, which
votes include the heretofore uncounted six absentee ballots;
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William Allen Hendrix, Mayor,.,........ 433
Ernest Hosti, Councilman, .......,.,,.. ;..,525
Edward W. Towns, Councilman .......,447
Edward Jung, Councilman 417
Walter Warren Parker, Councilman408
George Remeta, Councilman ............412
Perry A. Zittrauer, Jr., Councilman 398
Such final determination of this governing body may be appealed to
the Superior Court within ten days of this order in the manner
prescribed by law.
ADOPTED in special council meeting authorized, called and
held this 4th day of May, 1972.
CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA
Signed by M.J. Counihan Mayor
ATTEST: Signed by E.M. Patterson Clerk of
Council
(SEAL)
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
T0: MAYOR AND ALDERMEN OF SAVANNAH BEACH
CLERK OF COUNCIL, E. M. PATTERSON
IT APPEARING that various petitions were received by the City
Clerk of the City of Savannah Beach contesting the results of the
mayoralty election as certified by the superintendent of said elec-
tion, the Honorable Shelby Myrick, Jr., and further ratified and
accepted by said municipality on April 19, 1972; and
IT FURTHER APPEARING that in accordance with Chapter 34(a) -15
of the Georgia Municipal Election Code and Section XVII of the Charter
of the City of Savannah Beach any member of the governing authority
involved in the election contest shall disqualify himself from
judging the contest which will be held at a special meeting of City
Council on May 4th in accordance with written notification given by
the City Clerk; and
IT FURTHER APPEARING that all members of the governing authority
of the City of Savannah Beach with the exception of George Schwarz
and James Stetler are involved in said contest and thereby should
disqualify themselves. This objection by your petitioners is filed
and based upon the contention that only said George Schwarz and James
Stetler could consider said contest and appeal.
IT IS FURTHER contended that the governing authorities with
the exception of the above mentioned persons have no authority, and
if said hearing is held it is without validity and your petitioners
contend that they are in no way subject to the jurisdiction of said
governing authority as constituted and are in no way bound by the
results of the determination of said body as then constituted.
I P. 0. Box 9565
Savannah, Georgia 314.02
DATED: , 1972,
SMITH & PORTMAN
Signed by W. Lance Smith
W. Lance Smith, Esquire
Barnard M. Portman, Esquire
Attorneys for Petitioner
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
TO: MAYOR AND ALDERMEN, CITY OF SAVANNAH BEACH
CLERK OF COUNCIL, E. M. PATTERSON
In accordance with Chapter 34(a) -15 of the Georgia Municipal
Election Code and Section XVII of the Charter of Savannah Beach,
your Petitioner KAREN LOSEY files this appeal contesting the
election and certification of the following persons: Edward Jung,
Edward W. Towns, George Remeta and Perry A. Zittrauer, Jr.
This contest and appeal to the governing authorities of
Savannah Beach is by way of her candidacy in the recent April 3,
1972 electi n at Savannah Beach for Mayor and Council and also as
an aggrieved elector and states her grounds for a said contest and
appeal as follows:
(a) Malconduct, fraud and irregularities by the election
officials which would have changed the result had not said mal-
conduct, fraud and irregularities been performed by said election
officials.
(b) Illegal votes were received and legal votes rejected
by the election officials which were sufficient to change your
Petitioner's place in the outcome of said election.
(c) An error in counting the votes or in declaring the
election results by the election officials which would change
the result and place of your Petitioner.
(d) And all other causes which will show that your Petitioner
was the person legally elected.
WHEREFORE, your Petitioner prays:
(a) That none of the absentee ballots cast in said election
be counted, and
(b) That KAREN LOSEY be declared elected as an alderman or
in the alternative that the entire election be held to be invalid
and that a new election be held.
SMITH & PORTMAN
P. 0. Box 9565 Signed by W. Lance Smith
Savannah, Georgia 31402 W. Lance Smith, Esquire
DATED: 4/24
, 1972. Signed by Barnard M. Portman
Barnard M. Portman, Esquire
Attorneys for Petitioner
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
TO: THE CITY CLERK OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
COMES NOW MARY ELOISE PATTERSON O'LEARY, WANDA L. DURDEN
and PATRICIA ANN CANTY MERRICK, hereinafter referred to as
Petitioners, by and through their individual and personal
attorneys, and files this their Petition in writing to contest
the results of an election held on April 3, 1972 for the purposes
of electing a Mayor and six Councilmen of the City of Savannah
Beach, Tybee Island, Georgia, within said period of five days
allowed by Section 34A-1501 of the Georgia Municipal Election
Code and Section 35 of the Charter of said Municipality, names
as Defendants thereof, the followings the Honorable Shelby Myrick,
Jr., Superintendent of said Election; Michael J. Counihan, Mayor;
Robert F. Cary, Councilman; Edward Jung, Councilman; James M.
Stettler, Councilman; George W. Schwarz, Councilman; Edward W.
Towns, Councilman; and Perry A. Zittrauer, Jr., Councilman; indi-
vidually and as Mayor and Councilmen of the City of Savannah Beach,
Tybee Island, Georgia; and Edward W. Patterson, Miss Margaret
Spellman and Beverly Hatch, individually and as members of the
Board of Registrars of said Municipality; and for grounds thereof,
shows as follows:
1. Petitioners show that each of their individual votes,
legally cast as absentee ballots, were dissallowed by the Superin-
tendent of said election on the grounds that all of Petitioners
were non - residents of the Municipality. Petitioners and each of
them show that they are, in fact, actual bona fide residents and
citizens of the Municipality, were on the official list of electors
certified by the Board of Registrars of the Municipality and of
Chatham County, and therefore duly and lawfully qualified to vote
in such election, and the action of the Superintendent in rejecting
their votes as cast, makes each of the Petitioners an aggrieved
elector on the basis that their legal votes were rejected and as
aground to contest said election in accordance with the provisions
of Section 35(c) and Georgia Code Section 34- 1703(c) and, as such,
in conjunction with other grounds herein named are sufficient in
number to change or place in doubt the results of such election.
2. Petitioners show that there were three absentee ballots
missing in the official count and canvass of such election, such
absentee ballots being numbered 82, 161 and 176; that said three
votes, when considered with other grounds herein mentioned, were
sufficient in number to change or place in doubt the results of
such election in accordance with the provisions of Section 35(d)
and (e) of the Charter of the Municipality and Georgia Code Section
34- 1703(d) and (e) are grounds to contest such election.
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3. Petitioners show that the name tabs placed on the
machine indicating the name of the candidate above the individual
lever or voting switch of said candidate slipped on each of said
machines used in said election at various times and stages during
the election. That the said name tabs were held in place only by
scotch tape, and any elector so voting on said machine would there-
fore be casting a vote for a candidate other than the one he
individually selected by so voting such lever. Such irregularity
is a ground which would change the results of said election, not
only for the office of Mayor of the Municipality but for each of
the six councilmen so selected, and in accordance to the provisions
of Section 35(e) of the Charter of the said Municipality and Georgia
Code Section 34- 1703(e) are grounds to contest said election by your
Petitioners.
4. Petitioners show that their own absentee ballots were
incorrectly challenged and, after being challenged, petitioners'
votes in addition to thirty six other absentee ballots also
challenged were opened and their votes publicly disclosed before
various people standing near, at, about and around a voting machine;
that their absentee ballots upon publicly disclosed were voted on
voting machine number 3 used in such election, that such action on
the part of the Superintendent and election officials made your
Petitioners' votes identifiable, public, and destroyed its secrecy.
That according to the provisions of Georgia Municipal Election Code
Section 34A- 301(g), it is incumbent upon the municipal superintendent
to conduct all elections in such manner as to guarantee the secrecy
of the ballot of each and every elector, and in so disclosing the
results and markings of your Petitioners' ballots in the manner
hereinabove described, it violated one of the basic principles of
the laws of this State, i.e. the strictest maintenance of .a secret
ballot is absolutely necessary in each and every election. That
because of said violation, not only to your Petitioners' ballots,
but the additional thirty six ballots so received, counted, and
made public, the election should be voided in its entirety so that
the secrecy of your Petitioners' ballots may be maintained in a
subsequent election.
5. Petitioners show that for further grounds to contest
said election, Petitioners show that in the United States Supreme
Court decision of Winfield Dunn. Governor of the State of Tennessee,
vs. James F. Blumstein, 40 LW 4269, a decision dated March 21, 1972,
subsequently followed in the case of C. Michael Abbott vs. Jimmy
Carter, Governor of the State of Georgia, Civil Action No. 15689
in the United States District Court for the Northern District of
Georgia, Atlanta Division, it was ruled that Tennessee's durational
residency requirement was violative of the equal protection clause
of the Fourteenth Amendment and therefore unconstitutional; and
that based upon said Supreme Court decision and the Three Judge
decision that Georgia's durational residence requirements are also
unconstitutional. The affect of these decisions is to invalidate
not only Georgia's durational residence requirements to the extent
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that the State's voter regiatration laws require as to length of
residence, but also invalidate the municipality's residential
durational residence requirements which declare that in order to
be eligible and qualified to vote in a municipal election, not
only must a citizen bes (1) a citizen of thaState of Georgia
and of the United States; (2) at least 18 years of age; (3) a
resident of the State of Georgia for at least one year preceding
the date of such election, a resident of Chatham County for at
least six months preceding the date of such election, and a
resident of the City of Savannah Beach, Tybee Island for at least
ninety days next preceding the date of such election; (4) possessed
of all other qualifications prescribed by law; and (5) registered
as an elector in the manner prescribed by law both with the Board
of Registrars of Chatham County, and with the Board of Registrars
of Savannah Beach, Tybee Island, Georgia. Petitioners show that
the Superintendent disqualified them on the basis of these same
durational residency requirements of the Municipality and of the
State election laws which have been declared unconstitutional by
the recent Court decisions, and, as such, denied them of their
equal protection under the laws of the Fourteenth Amendment and,
of the Constitution of the United States and of the Georgia Constitu-
tion.
6. Petitioners show that in view of the foregoing specific
and general grounds and objections that the election for the Mayor
and six Councilmen of the Municipality as held on April 3, 1972
is and was so defective in nature that the entire election was
placed in doubt and that this body should declare the election
invalid and call a new second general election to fill the nomina-
tions for the office of Mayor and six Councilmen of the Municipality
for the forthcoming fiscal year.
WHEREFORE, PETITIONERS PRAY that they be allowed to contest
the results of said election within said period of time of five days
after certification of said election by the Superintendent, and that
such governing body determine that said contest and election was
invalid in accordance with the provisions of Section 35 of the
Charter of said Municipality, and that the governing body make a
final determination by issuing an order so signifying same.
Signed by Bart E. Shea
Bart E, Shea
Signed by John Wright Jones
John Wright Jones
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
TO: THE CITY CLERK OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
COMES NOW ROBERT F. CARY, by and through his individual and
personal attorneys and files this his petition in writing to contest
the results of the election held on April 3, 1972 for the purpose
of electing a Mayor and six Councilmen of the City of Savannah
Beach, Tybee Island, Georgia within said period of five days allowed
by Section 34A -1501 of the Georgia Municipal Election Code and
Section 35 of the Charter of Savannah Beach, Tybee Island, Georgia
and names as Defendants thereof the following: The Honorable
Shelby Myrick, Jr., Superintendent of such Election; Michael J.
Counihan, Mayor; Robert F. Cary, Councilman; Edward Jung,
Councilman; James M. Stettler, Councilman; George W. Schwarz,
Councilman; Edward W. Towns, Councilman; and Perry A. Zittrauer, Jr.,
Councilman; individually and as Mayor and Councilmen of the City
of Savannah Beach, Tybee Island, Georgia; and Edward W. Patterson,
Miss Margaret Spellman and Beverly Hatch, individually and as
members of the Board of Registrars of said Municipality; and for
grounds thereof, Petitioner shows as follows:
1. Petitioner shows that he was a candidate for Councilman
of the Municipality and that the final tabulation of the votes for
Councilmen as certified by the Election Superintendent shows that
your Councilman was in 7th place with a total of 390 votes, only
two votes behind the candidate who was certified to be in sixth
place with 392 votes.
2. Petitioner shows that the Superintendent of such election
erred in receiving, considering, counting and including at least
six votes cast by electors whose names do not appear on the official
list of electors as certified by the Board of Registrars of the
Municipality and of Chatham County and used in said election by the
Manager, Assistant Managers and Clerks thereof; that said votes
were illegal and should not have been received by the Superintendent,
was sufficient in number to change the results of your Petitioner's
election, since he only had a difference of two votes between himself
and the candidate who placed sixth in such election, and according
to the provisions of 35(c) of the Charter of said Municipality and
Georgia Code Section 34- 1703(c) are grounds to contest such election..
3. Petitioner shows that there were certain absentee votes
cast for your Petitioner by various electors whose votes were
rejected by the Superintendent on the ground that said electors
were not residents of the Municipality and were, therefore, not
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entitled to vote; that the ruling of said Superintendent in rejecting
said votes was in error, that said electors are, in fact, residents
of the Municipality and the votes so cast by them should have been
included by the Superintendent in the final totals received. In
accordance with the provisions of Section 35(c) of the Charter of
the Municipality and Georgia Code Section 34- 1703(c) said ground is
sufficient to contest said election, being legal votes rejected
which should have been received and included in the results of such
election.
4. Petitioner shows that the Superintendent of said election
certified the results showing that your Petitioner received a total
of 390 votes, whereas your Petitioner actually received a total of
395 votes, a difference of five votes as certified by such election
superintendent. That such certification of such Superintendent was
adopted and ratified by the Municipality by resolution officially
enacted on Wednesday, April 19, 1972 at the regular monthly council
meeting of such Municipality, whereas subsequent thereto an addi-
tional six more ballots were subsequently found which were not
included in the original certification by the Superintendent;
therefore, the results as certified by the Superintendent and as
passed and ratified by the Municipality are incorrect, resulting in
an error in declaring the results of said election in accordance
with provisions of Section 35(d) of the Charter of the Municipality
and Georgia Code Section 34- 1703(d) is a ground to challenge the
results thereof.
Petitioner shows further that there were three absentee
ballots, namely numbers 82, 161 and 176 which have never been
accounted for. That such missing ballots totalled three in number
and are sufficient to change the results of your Petitioner's
election, In accordance with the provisions of Section 35(d) and
(e) of the Charter of the Municipality and Georgia Code Section
34- 1703(d) and (e), said ground being sufficient to contest said
election and challenges the results thereof.
WHEREFORE, PETITIONER PRAYS that he be allowed to contest the
results of said election within five days after certification of
said election by the Superintendent to the governing body of the
Municipality and that a hearing be scheduled to determine the merits
of this Petition, and that said governing body make final determina-
tion thereof by issuing an order thereof so signifying same.
Signed by Bart E. Shea
Bart E. Shea
Signed by John Wright Jones
John Wright Jones
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
TO: THE CITY CLERK OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND
GEORGIA
COMES NOW, MICHAEL J. COUNIHAN, Petitioner, by and through
his individual and personal attorneys and files this his Petition
in writing to contest the results of an election held on April 3,
1972 for the purposes of electing a Mayor and six Councilmen of
the City of Savannah Beach, Tybee Island, Georgia, within said
period of five days allowed by Section 34A -1501 of the Georgia
Municipal Election Code and Section 35 of the Charter of Savannah
Beach, Tybee Island, Georgia, and names as Defendants thereof the
followings Honorable Shelby Myrick, Jr., Superintendent of said
• Cary, Councilman;
Michael J. Counihan, Mayor; Robert F. ar ;
Edward Jung, Councilman; James M. Stettler, Councilman; George W.
Schwarz, Councilman; Edward W. Towns, Councilman; and Perry A.
Zittrauer, Jr., Councilman; individually and as Mayor and Councilmen
of the City of Savannah Beach, Tybee Island, Georgia; and Edward W.
Patterson, Miss Margaret Spellman and Beverly Hatch, individually
and as members of the Board of Registrars of said Municipality;
and for grounds thereof shows as follows:
1. Petitioner shows he and William Allen Hendrix were
candidates for Mayor in such election and that the final tabulation
of the votes for Mayor of such election as certified by the
Election Superintendent show that William Allen Hendrix received a
total of 433 votes while your Petitioner received a total of 429
votes, a difference of only four votes.
2. Petitioner shows that the Superintendent of such election
erred in receiving, considering, counting and including at least six
votes cast by electors whose names did not appear on the official
list of electors as certified by the Board of Registrars of the
City and of Chatham County and used in said election; that said
minimum of six votes were cast for candidate William Allen Hendrix
and were included Within his total of 433, and that had said votes
been excluded as required by law, then your Petitioner would have
won said election by a total of two votes. That said votes were
illegal and should not have been received by the Superintendent,
were sufficient in number to change the results of said election,
and according to the provisions of Section 35(c) of the Charter of
the said Municipality and Georgia Code Section 34- 1703(c) are grounds
to contest said election.
3. •Petitioner shows that there were certain absentee votes
cast for your Petitioner by various electors whose votes were
rejected by the Superintendent on the ground that said electors
were non residents of the Municipality and were, therefore, not
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entitled to vote; that the ruling of said Superintendent in
rejecting said votes was in error, that said electors are, in
fact, residents of the Municipality, and the votes so cast by
them should have been included by the Superintendent in the final
totals received. In accordance with the provisions of Section
35(c) of the Charter of the Municipality and Georgia Code Section
34- 1703(c), said ground is sufficient to contest said election,
being legal votes rejected which should have been received and
included in the results of such election.
4. Petitioner shows that the Superintendent of said election
certified the results of the Mayor's race of such election, showing
that William Alien Hendrix received a total of 433 votes whereas
your Petitioner received a total of 423 votes or a difference of
ten votes. That such certification of said Superintendent was
adopted and ratified by the Municipality by resolution officially
enacted on Wednesday, April 19, 1972 at the regular monthly council
meeting of such Municipality, whereas subsequent thereto an addi-
tional six more ballots were subsequently found which were not
included in the original certification in the race for Mayor
therefore, the results as certified by the Superintendent and as
passed and ratified by the Municipality are incorrect, resulting
in an error in declaring the results of said election and according
to provisions of Section 35(d) of the Charter of the Municipality
and Georgia Code Section 34- 1703(d) is a ground to challenge the
results thereof,
WHEREFORE, PETITIONER PRAYS: that he be allowed to contest
the results of said election within five days after certification
of said election by the Superintendent to the governing body of
the-Municipality, and that said governing body make final deter-
mination thereof by issuing an order so signifying same.
Signed by Bart E. Shea
Bart E. Shea
Signed by John Wright Jones
John Wright Jones