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Andrew W. Bell v. Karli Swift, et al.

IFP petition · Court of Appeals of Georgia, No. A25A1650, A25D0316 · judgment June 3, 2025


Dismissed · May 4, 2026

Questions presented

  1. Whether the Georgia Court of Appeals’ dismissal of an election-contest appeal as untimely—despite the petitioner’s sworn affidavit of non-receipt and the court’s failure to provide proof of mailing or electronic delivery of the March 26, 2025 order that triggered the ten-day deadline—violated the Due Process Clause of the Fourteenth Amendment.

  2. Whether the Georgia Supreme Court’s refusal to exercise its constitutionally mandated “exclusive appellate jurisdiction” over election contests under Ga. Const. Art. VI, § VI, 51 H(2) (by transferring or declining to retain an election contest) denies litigants access to the only court authorized to hear such appeals and thereby implicates federal constitutional protections (First and Fourteenth Amendments).

  3. Whether the cumulative effect of procedural irregularities—including denial of notice, exclusion of co-petitioners without process, and acceptance of a procedurally defective motion to dismiss—amounts to a denial of the right to petition the government for redress under the First Amendment and a denial of equal protection and due process under the Fourteenth Amendment.

  4. Whether the Georgia courts’ failure to apply equitable tolling or to re-enter judgment after a documented notice failure conflicts with federal due process principles and this Court’s precedent requiring notice reasonably calculated to apprise interested parties (e.g., Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)).

Counsel of record

For petitioner
Andrew W. Bell

For respondent
Brent William Herrin
Small | Herrin, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 04 2026
    The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
  2. Apr 16 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Mar 26 2026
    Waiver of right of respondents Vasu Abhriraman, Dekalb County Voter Registration and Election Board, Nancy Jester, Anthony Lewis, Susan Motter, Keisha Smith, and Karli Swift to respond filed.
  4. Jan 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2026)