On Tuesday, January 28, 2025, Bolts published an article detailing the implications of a loophole in Georgia law that allows judicial elections to be nullified. This scrutiny has intensified following the death of Georgia State Court Judge Stephen Yekel, who had attempted to leverage the loophole after losing his reelection bid.
Judge Yekel lost his seat to challenger Melissa Calhoun in a nonpartisan runoff held in June 2024. In December 2024, he informed Governor Brian Kemp of his intention to resign effective December 30, just a day before the conclusion of his term. Yekel argued that the results of a low-turnout election should not decide such a significant position, citing that only 6% of eligible voters participated in the runoff.
However, Governor Kemp rejected Yekel’s resignation, stating that it could not take effect without the governor’s approval. Kemp emphasized that overriding the election results over a “legal technicality” would be unjust. Consequently, Yekel was found dead in his chambers from an apparent suicide on December 31, 2024, which led to Calhoun assuming office on January 1, 2025, without any gubernatorial order to intervene.
Yekel’s actions prompted calls for reform to close the loophole that allows judges to resign and potentially cancel election results. Sara Tindall Ghazal, a member of the Georgia Board of Elections, expressed concern that this loophole creates a pathway for judges or governors to manipulate election outcomes. She advocated for stricter regulations to prevent such actions in the future.
Although Governor Kemp did not act on Yekel’s resignation, he has previously utilized the loophole to postpone or cancel judicial elections. This particular loophole was solidified in 2020 when Georgia Supreme Court Justice Keith Blackwell announced his resignation, allowing the governor to cancel the election for his seat. This precedent enabled the governor to circumvent the electoral process even after an election had occurred.
John Barrow, a Democratic candidate who faced Blackwell in 2020, described the situation as “dystopian,” expressing concerns that it undermines the electoral process. He highlighted the risks associated with judges resigning after elections to allow the governor to appoint a successor, thereby nullifying the election results.
The legal landscape regarding this issue remains unclear, with some legal experts debating whether ordinary legislation can effectively close the loophole or if a constitutional amendment is necessary to override the state supreme court’s ruling from 2020. State Senator Josh McLaurin supported reforms to stabilize the election calendar, advocating that no judicial resignation or appointment should alter the timing or results of judicial elections.
Despite the ongoing discussions, there appears to be a lack of active legislative interest in addressing this issue, particularly among the Republican Party that currently controls the state government. Senator Brian Strickland, the Republican chair of the Senate Judiciary Committee, did not respond to inquiries regarding the loophole.
Ghazal, the only Democrat on the Georgia Board of Elections, noted the absence of significant pushback from conservatives about the loophole, suggesting that the issue may not receive the attention it deserves. She further proposed that judicial elections in Georgia should be moved from the spring to November to improve voter turnout, as elections held during high-profile races tend to attract more participants.
Recent statistics illustrate the turnout challenges for judicial elections in Georgia. In the May 2024 primary, Yekel’s race saw over 7,000 voters, while the subsequent runoff in June attracted fewer than 3,000 voters in a county with a population of 71,000. Ghazal echoed Yekel’s concerns about low participation but emphasized that solutions should focus on enhancing voter engagement rather than nullifying election outcomes.
Source: Bolts
