Mary Norwood, independent candidate for Chair of the Fulton County, Georgia, County Commission, will be unable to appear on the November ballot this year, because she did not file a declaration of candidacy by noon, July 2.  The petition deadline is July 13 and her campaign erroneously believed her declaration of candidacy was not due until then either.  See this story.

A somewhat similar law was declared unconstitutional by the 4th circuit in 1990.  That case was from South Carolina, and was called Cromer v State.  South Carolina, like Georgia, at the time required an independent candidate to file a declaration of candidacy before the petition itself was due.  However, South Carolina is in the 4th circuit, and Georgia is in the 11th circuit.  It is possible Norwood could sue, and it is also possible she will file as a write-in candidate for the November election.

Georgia petition requirements for independent and minor party candidates are so difficult, they are seldom used.  No independent candidate for statewide office has qualified in Georgia since before 1943, except for a few presidential independents.  The Georgia Secretary of State’s office has recently told the press that an independent candidate qualified for Labor Commissioner in 2002, but that is not correct.  The November 2002 ballot shows that supposed independent candidate is actually the Libertarian Party’s nominee that year.  The Georgia Secretary of State’s web page, showing that the candidate is an independent, is erroneous.  This error has been pointed out to oficials in the Georgia Secretary of State’s office.  Before 1943, Georgia did not require any petition for independent candidates.  Libertarian candidates appear on the Georgia statewide ballot every election with no need for a petition, because the Libertarian Party always meets the 1% vote test to remain qualified.  However, Libertarians are not on the ballot for district or county office unless they submit the same 5% petition for each of their nominees that independents need for district and county office.