Comer election fraud case dismissed | News – Main Street Newspapers
A case alleging election fraud in Comer was dismissed after a brief hearing last week.
Eddie West filed a complaint in Madison County Superior Court after falling in the District 4 council post election Nov. 2 to Michael Wilder, 50-29. He alleged that Jennifer Drago, a long-time advocate for local refugees, committed election fraud by bringing voters to the polls and pointing out which candidate to vote for. And he questioned whether the voters she brought actually lived in District 4.
West didn’t present evidence in court to make those allegations stand, and the case was dismissed.
Judge David Sweat, who was called in from outside the judicial district to oversee the case, asked West, who represented himself without an attorney, for evidence to back up his allegations. The judge noted that the difference in the winning and losing margin in the election was 21, adding that election cases must show enough questionable ballots to change the outcome of the election.
“How many folks do you contend who were not eligible to vote do you contend voted in this election?” asked Sweat.
West didn’t have any numbers or specifics.
“Your Honor, I don’t know, and that’s why I’m here,” he said. “I’m hoping we could have the poll workers speak and tell their side of the story, because they are the ones that actually witnessed all this.”
West’s action was filed against the Madison County Board of Elections. He said his filing wasn’t about winning or losing the election.
“If voter tampering has occurred, it has delegitimized every single vote in our city,” said West. “Contesting this election is to ensure that all voters in Comer were afforded a fair, honest election process.”
County attorney Mike Pruett filed to dismiss the case, and the judge granted that request. Pruett noted two procedural errors in West’s filings — failing to have the complaint appropriately notarized and failing to file it officially with the Secretary of State’s office — as grounds for dismissal, and the judge concurred that the case couldn’t proceed on the merits of the allegations without appropriate filings, but Pruett also addressed West’s accusations.
Pruett noted that case law puts the burden of proof on election fraud on the complainant to show a specific number of illegal or irregular ballots, adding that “an election cannot be overturned on the basis of mere speculation or appearance of impropriety.”
“I believe what Mr. West mistakenly believes is that he can simply raise speculation and the court would take some investigative role, which is not how the process works,” said Pruett. “The burden lies with the challenger. For that reason the petition must be dismissed.”
The county attorney also said there was nothing illegal in the assistance given at the polls, which he said was rooted in heresy evidence.
“I think the most specific thing he (West) has alleged is that the person assisting them pointed to a name on the ballot to assist them,” said Pruett. “Now, the implication is somehow that these are incompetent, easily led, child-like people who cannot exercise their own discretion.”
Pruett said the voters were “competent adults with the same right to vote you and I have.”
“And following that, you would think it was discussed beforehand that I’m going to go in and vote for A, B, C, please point to that name when we get in there so I can check that name,” said Pruett. “That would be the presumption of what happened. And there’s no evidence to the contrary.”
Drago did not speak at the hearing, but she commented recently on the case.
“I was surprised that Mr. West did not approach me with his questions about citizens who have been living in Comer for the past five-plus years,” said Drago. “That conversation could have given Mr. West a better understanding of the people who live in District 4 and other areas of Comer. The charges Mr. West has accused me of are groundless as all assistance provided to voters was in accordance with Georgia voting laws.”
