If Sheinita Bennett is to have a chance to run again for her District 2 seat on the Waycross City Commission it will come through the court system.
Bennett had an appeal of her disqualification to seek a second term on the commission denied Thursday in a hearing by the Ware County Board of Elections and Registration. In a 4-0 vote September 4, the board granted a motion by Assistant City Attorney Huey Spearman for a directed verdict on Bennett’s appeal of the city’s ruling to disqualify the candidacy on the basis of her employment by the Ware County Sheriff’s Office.
Bennett can appeal the board’s decision to the Ware County Superior Court if she chooses. Asked following the hour-long hearing if she would consider that option, Bennett said, “I will think about it.”
Bennett had 10 business days from the time the board’s decision of her appeal was rendered to file in Superior Court, according to the Georgia Code Section 21-2-6 — Qualifications of candidates for county and municipal office; determination of qualifications. A sub-section of that reads: The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within 10 days after the entry of the final decision by the superintendent.
The decision of the board, which had members Vernon Chambless, Marian Solomon-Gaines, Ludeane Whitfield and Chairman Danny Bartlett present, came following a motion for a directed verdict by Chambless and seconded by Solomon-Gaines. Those two along with Whitfield voted to accept the motion to meet the body’s quorum.
Ware County Assistant Attorney Jennifer Herzog then asked Bartlett, for the purpose of clarity, how he would vote, and he said with his colleagues. Board member Danny Preston was absent because of a family medical issue Bartlett said.
The fact Bennett had another avenue of appeal seemed to lead to the decision of the board to grant Spearman’s motion. During discussion following the motion by Chambless for the directed verdict, Solomon-Gaines wanted to make certain Bennett had another option if she chose to continue to pursue the candidacy.
Attorney Joyce Kitchens represented Bennett at the hearing. She said she had just been a party to the case less than 24 hours, and a possible appeal to Superior Court would allow her time to prepare.
Satisfied with that remaining option for Bennett regardless of its action, the board accepted Spearman’s motion.
The city’s action taken against the one term commissioner 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 is an employee of the Ware County Sheriff’s Office. Ware County Supervisor of Elections Carlos Nelson said Bennett’s employment was overlooked when she qualified and ran for election to the District 2 seat in 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 re-election as City of Waycross Commissioner to the Board of Elections was received via hand delivery and email Wednesday, August 27, Nelson said.
Spearman maintained in his remarks to the board there was no candidacy because none of the qualifying papers were filed and fees paid by the 4:30 p.m., August 22 deadline in the office of City Clerk Jackie Powell. It was Powell who told Bennett August 21 she was not eligible to run on the basis of her county employment and suggested she go to the elections board for more clarity.
Bennett, however, had qualifying papers and had until the 4:30 p.m. August 22 to file them and pay the fees if she so chose, Spearman maintained.
The called meeting of the elections board was held in Ware County Commission Chambers on the second floor of the Administration Building and drew about four dozen people.
