Senior Superior Court Judge Robert W. Adamson of Winder made the decision at a hearing Monday morning at the Hall County Courthouse.
Eugene Moon filed a lawsuit last month alleging that Hall County elections officials failed to use the legally approved district maps for the District 4 and District 2 races, affecting the election results.
He lost to incumbent Billy Powell in the July Republican Primary.
Moon and his attorney released a statement Monday afternoon in response to Adamson's ruling. The content of the statement is as follows:
"Today our court case was dismissed over a technicality. We witnessed today that legal policy will prevail over legal right. Georgia Election law requires that you have 5 days from certification of election to file a complaint against the elections board and we missed the window by 2 days. Saturday and Sundays and legal holidays are included in this window we found out. The only proof of this certification in court this morning was done verbally by Charolette Sosbee, your Elections Director and that was good enough for the judge.
"We did make a motion to enter our evidence, regardless the outcome but were denied this also. We wanted answers as to why there were 460 missing votes, why people in Clermont were voting in elections for Oakwood, why people in Gillsville were voting in city of Gainesville elections, why were the approved maps not followed? These are things for which we the voters may never know the answer.
"Eugene Moon may have lost this election but the people of Hall County lost the most in this election, their right to an accurate vote.
"I encourage the citizens of Hall County to call for a public hearing on this matter. IF you do not force the commission to correct this problem I can assure you it will never get fixed."
Eugene Moon
http://accesswdun.com/article/2012/9/253010