Georgia transgender politician wins legal battle
The AP reports: “Georgia’s top court has ruled in favor of a transgender politician sued by two political opponents who claimed she misled voters by running as a female.”
The five page opinion, Fuller v. Thomas, No. S08A0898 (Ga. Oct. 6, 2008), includes this discussion of the transgender issue:
Petitioners contend that other irregularities cast doubt on the election results. In this regard, they allege that Bruce, who used the name Michelle, misled voters into believing that he was a woman; that Ruffin campaigned at Riverdale’s Fall Fest while he wore a campaign shirt; that the mayor and council failed to appoint a new manager for the November 6 election;1 and that the absentee ballot clerk was appointed improperly. None of these alleged irregularities is specific enough to cast doubt on the results of the election. See Middleton v. Smith, 273 Ga. 202, 203 (539 SE2d 163) (2000); Henderson v. County Board of Registration &c., 126 Ga. App. 280 (190 SE2d 633) (1972).
“It is not sufficient to show irregularities which simply erode confidence in the outcome of the election. Elections cannot be overturned on the basis of mere speculation, [cit.], or an appearance of impropriety in the election procedures.” Middleton, supra.