Supreme Court of the United States · Official docket →
Andrew W. Bell v. Karli Swift, et al.
IFP petition · Court of Appeals of Georgia, No. A25A1650, A25D0316 · judgment June 3, 2025
Questions presented
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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.
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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).
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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.
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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
- May 04 2026The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Mar 26 2026Waiver 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.
- Jan 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2026)