City of Waycross District 2 Commissioner Sheinita Bennett has filed an appeal regarding her disqualification for re-election to the seat.
Bennett’s term, her first, expires December 31, 2025. She would have faced challengers Ayana Moore, William Simmons and Barry Worley in the November 4, 2025 Municpal General/Special Election.
The Ware County Board of Elections and Registration will hold a Special Called Meeting Thursday, September 4 at 11 a.m., at the Ware County Administration Building in Room 201 — Commission Chambers.
The Board of Elections will hear testimony from the interested parties. There will be no public comments accepted.
According to Carlos Nelson, Supervisor of Elections, the action taken against Bennett is from the City of Waycross Charter in Section 9 (6)(A).
The sub-section reads: Except as authorized by law, neither the mayor nor any member of the commission shall hold any other city office or city employment; and neither the mayor nor any member of the commission shall be an employee of Ware County, Georgia, during the term for which elected.
Bennett
Bennett is an employee of the Ware County Sheriff’s Office. Nelson said Bennett’s employment was overlooked when she qualified and ran for election November 2020.
“It was missed the first time,” he said of Bennett’s qualifying for office. “We (Board of Elections) were told of this after it was discovered earlier this year.”
Bennett’s formal appeal of the decision to disqualify her from seeking reelection as City of Waycross Commissioner to the Board of Elections was received via hand delivery and email Wednesday, August 27.
In her letter, Bennett wrote, “I am writing to respectfully challenge this decision, which appears to be based on a fundamental misinterpretation and misapplication of Georgia state law. The basis for the disqualification, as I understand it, is that my simultaneous service as a City of Waycross Commissioner and an employee of the Ware County Sheriff's Office constitutes illegal dual office holding under O.C.G.A. § 45-2-2.”
Her interpretation was for four reasons.
• The Inapplicability of O.C.G.A. § 45-2-2: The statute in question prohibits an individual from holding two 'county offices' at the same time. This law does not apply to my situation. My position as a City of Waycross Commissioner is a municipal office, serving a legal entity separate and distinct from the county government.
• Legal Distinction Between Officer and Employee: My job with the Ware County Sheriff's Office is that of a public employee, not a 'county officer' in the legal sense. This is a critical distinction that has been consistently affirmed by Georgia Attorney General opinions and judicial precedents. The Ware County Sheriff is a constitutional county officer, but my position as an employee is not.
• Federal Law as a Strategic Asset: While federal laws like the Hatch Act limit the political activity of certain state and local employees who work with federally funded programs, this law actually contains an explicit exemption that allows me to run for public office. The Hatch Act, therefore, is not an obstacle to my candidacy, but rather an asset to my case.
• Potential Civil Rights Violations: The arbitrary nature of this disqualification, which appears to be based on a clear legal error, may also constitute a violation of my civil rights under 42 U.S.C. § 1983, which could lead to additional legal action against the officials who made this decision.
“In summary, the decision to disqualify me is based on a clear legal error and a misunderstanding of both state and federal law,” Bennett penned. “I am confident that a formal review of the facts and legal precedents will demonstrate that I should have been qualified to continue serving the citizens of Waycross.
“I respectfully request that the Board reconsider this decision, conduct a formal review of my qualifications in light of the legal arguments presented.”
Four of the five districts will be contested in the November 4 election. District 1 incumbent Shawn Roberts faces Willie Oliver.
District 3 incumbent Katrena Felder is being challenged by King Goree and Shawn Sanders.
A Special Election is being held to fill the seat of the late Diane Hopkins, who passed away January 29, 2025. William Peacock, Linda Slaughter-Titus and William Tompkins are vying for the seat.
Important dates to remember before early voting begins are:
• Registration/Change of Address deadline is October 6;
• Absentee By Mail Voting is October 14-October 31 (all absentee ballots must be received by 7 p.m. on Election Day);
• Deadline to request and absentee ballott by mail is October 24;
• Early Voting begins Tuesday, October 14 and runs through Friday, October 31 at the Ware County Board of Elections office located at 408 Tebeau Street. Voting is Monday-Friday from 8 a.m.-5 p.m.
There will be two Saturday voting dates — October 18 and October 25 —
