Steve Brodie candidate for  Atlanta City Council. District 6

Court Dismisses Motion to Dismiss Filed by Defendants

ATLANTA (December 28, 2005) Judge Fulton Hiller ordered today the dismissal of the Motion to Dismiss filed by Fauver's defense team.   Fauver's lawyers asserted that since each and every member of the Board of Elections were not named in the case, the case should be immediately thrown out.  Judge Hiller thought otherwise.

Related Document:
» Dismissal of Motion to Dismiss

December 20, 2005
Hearing Held for  Disqualification of
Votes in Atlanta's District 6 Election
ATLANTA (December 20, 2005) I hope everyone is having a great holiday season. The court case is undecided at this time. We had our hearing today (Tuesday, December 20th) and left with a commitment from Judge Fuller to have a ruling before the end of the year.  Click here to read more

Related Documents:
» Steve Brodie Trial Brief
» Fauver Trial Brief
» Steve Brodie Response to Fauver Trial Brief
» Fauver Motion to Dismiss the Case
» Steve Brodie Response to Fauver Motion to Dismiss
» Supplemental Brief In Support of Opposition to Defendants' Motion to Dismiss

December 15, 2005
Court Date Scheduled for Disqualification of Votes 
in Atlanta’s District 6 Race

ATLANTA (December 15, 2005) – The Notice of Hearing has been issued to hear the election contest for Atlanta District 6 City Council election that was held on November 8, 2005:
Judge: Hilton M. Fuller
Date: Tuesday, December 20, 2005
Time: 10:00 am
Location: Courtroom 1C, Fulton Superior Court, 185 Central Avenue SW, Atlanta, Georgia

Attorneys for Steve Brodie, a candidate for the District 6 City Council Seat, filed the election contest November 21, 2005. The election contest claims that Fulton County elections officials improperly disqualified enough write-in ballots to change the results of Atlanta’s District 6 city council race.

The Fulton County Superior Court petition says elections officials should count every vote cast in the election, including write-ins. When write-in votes from the November 8, 2005 election are properly counted, neither Brodie nor incumbent Anne Fauver will have achieved the 50 percent plus one standard Georgia law mandates before the winner of an election is declared.

Elections that don’t produce a winner with a clear majority are decided by runoff, according to state law.

“I owe it to my thousands of supporters to make sure this election will be decided by the results and by the law,” Brodie said. “Attorneys for my campaign are confident that we will prevail with our petition and I am proceeding with plans to campaign in a runoff election.”

Brodie’s lead attorney, Michael Coleman of the Atlanta law firm Lord, Bissell & Brook, requested an expedited ruling from the court so that a runoff election could be held as soon as possible.

The Petition to Contest the Results of an Election says failing to count write-in votes as part of the total number of votes cast violates the Georgia Constitution, whether or not the person named in the write-in ballot is pre-qualified.

The latest count by Fulton elections officials shows nine write-in votes were disqualified. When those votes are properly included in the total votes cast in the election, neither candidate won a majority on November 8th.

Questions regarding legal issues or processes should be directed to Michael Coleman of Lord Bissel Brook, 404.870.4612. Attached to this email are the brief filed by Michael Coleman, the responses from the Fulton County attorney and Fauver’s attorney. If the attachments do not come through, they may be downloaded at www.votestevebrodie.com.

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These documents are available here for you to review:

» Brodie Combined Trial Brief
» Fulton County's Answer
» Anne Fauver's Answer

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November 21, 2005
Petition Filed

This is the press release we sent out November 21, 2005.  Basically, we filed a petition to contest the constitutionality of the Georgia law that disqualifies most write-in ballots. We’re hoping for an expedited hearing and will keep you informed as this develops.
---------------------------------------
FOR IMMEDIATE RELEASE
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Disqualification of Votes in Atlanta’s District 6 Race Challenged in Court
ATLANTA (November 21, 2005) – Fulton County elections officials’ failure to count the write-in ballots changed the results of Atlanta’s District 6 city council race, according to a petition filed Monday by attorneys for Steve Brodie.

The Fulton County Superior Court petition says elections officials should count every vote cast in the election, including write-ins. When write-in votes from the November 8, 2005 election are properly counted, neither Steve Brodie nor incumbent Anne Fauver will have achieved the 50 percent plus one standard Georgia law mandates before the winner of an election is declared.

Elections that don’t produce a winner with a clear majority are decided by runoff, according to state law.

“I owe it to my thousands of supporters to make sure this election will be decided by the results and by the law,” Brodie said. “We are confident that we will prevail with our petition and I am proceeding with plans to campaign in a runoff election.”

Brodie’s lead attorney, Michael Coleman of the Atlanta law firm Lord Bissell & Brook will request an expedited ruling from the court so that a run off election could be held sometime in December.

Another closely contested council race in Atlanta is already scheduled for a runoff December 6th.

The Petition to Contest the Results of an Election filed Monday says failing to count write-in votes as part of the total number of votes cast violates the Georgia Constitution, whether or not the person named in the write-in ballot is pre-qualified.

The latest count by Fulton elections officials shows nine write-in votes were disqualified. When those votes are properly included in the total votes cast in the election, neither candidate won a majority on November 8th.

Questions regarding legal issues or processes should be directed to:
Michael Coleman of Lord Bissell & Brook
404.870.4612

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Click here to download the Petition in PDF format

You will need Adobe Acrobat to read the PDF. You may download Adobe Acrobat by clicking here.

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November 18, 2005
Recount Update  
ATLANTA (November 18, 2005) This morning, the Fulton County Elections Office conducted a recount of votes cast in the District 6 City Council race. 

There were no changes in the vote totals:
Steve Brodie: 2859 votes 49.88% 
Anne Fauver: 2864 votes 49.97% 
Write-ins: 9 votes 0.16%

Thank you so much for your continued support!! 

We will continue to fight to make sure that EVERY VOTE IS COUNTED!

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November 11, 2005
Campaign Update  
ATLANTA (November 11, 2005) Thank you so much for your continued support. 
I am so very appreciative.  
 I want you to know that it is much too early for anyone to declare victory.

Monday is the deadline for military absentee ballots.

On Tuesday, I expect the votes to be certified and then be recounted.  
The results of that recount will shape our next step.

Please keep your yard signs up as a show of support for me.

Thank you so much,

Steve Brodie  

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November 9, 2005
Photo Finish:
Brodie Victory Could Come From Provisional Ballots  
ATLANTA (November 9, 2005) – The voters of Atlanta’s District 6 have spoken, but it may take several days to determine what they said. 

The day after what is likely one of the closest elections in Atlanta history, city council candidate Steve Brodie sent a message of gratitude to his supporters. And, he asked them to be patient while elections officials determine who won the election Tuesday, Nov. 8th. 

“I want to thank my supporters throughout District 6 for their overwhelming support and bringing me to the brink of victory,” Brodie said. “Obviously, this race is very close and I look forward to working with elections officials in Atlanta, Fulton County and the office of Secretary of State Cathy Cox to ensure the provisional ballots that will decide this race are carefully and fairly counted.” 

The next-day results of the electronic vote count show a virtual dead heat between Brodie and incumbent Anne Fauver.

CLICK HERE TO READ THE PRESS RELEASE ...  

Endorsements for the Steve Brodie Campaign
Atlanta City Council District 6

Endorsements by Organizations for the Steve Brodie Campaign:

» Atlanta Professional Fire Fighters
» International Brotherhood of Police Officers 
» Atlanta-North Georgia Labor Council
» Fulton County Tax Payers Association

Steve Rated "WELL QUALIFIED" by the CBA for District 6:

» Committee for a Better Atlanta Questionnaire Scores

Steve Endorsed by The Sierra Club Georgia Chapter for District 6:

» Click Here to Read More

Steve Endorsed by Creative Loafing for District 6:

» Click Here to Read More

Steve Endorsed by Southern Voice for District 6:

» Click Here to Read More

To read Steve's Welcome message Click Here

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