Sheinita Bennett has filed a lawsuit in Ware County Superior Court to be included on the Municipal Election ballot November 4 in an effort to retain her District 2 on the Waycross City Commission.
Attorney Matthew M. Weiss of the Atlanta firm of Parker Hudson Rainer & Dobbs LLP filed the suit on behalf of Bennett Friday, March 12. The Ware County Board of Elections and Registration and Jacqualine Powell, in her official capacity as City Clerk for the City of Waycross are listed as Respondents/ Defendants.
The appeal centers on:
• Bennett’s inability to qualify to be a candidate to seek a second term on the commission as District 2 representative based on a conversation with Powell, the city’s election agent, during the qualifying period.
• The Ware County Board of Elections and Registration’s position to rule on Bennett’s initial appeal of disqualification of her candidacy;
• Her employment with the Ware County Sheriff’s Office, which the suit maintains isn’t a part Ware County government, but rather the State of Georgia, which would render invalid as it relates to Bennett the City Charter prohibiting employees of Ware County to hold elective office as a commissioner or Mayor during their term of service.
The suit seeks to dismiss her appeal of disqualification.
The Journal-Herald received no response to a text message to Bennett Monday afternoon seeking comment on the suit.
Bennett had an appeal of her disqualification to seek a second term on the commission denied September 4 in a hearing before the Ware County Board of Elections and Registration. In a 4-0 vote, 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.
At that time. Bennett said she would consider appealing the ruling to Superior Court, saying, “I will think about it.”
Three candidates have qualified to seek District 2 seat — Ayana Moore, William Simmons, a former city commissioner, and Barry Worley.
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.
The city’s action taken against the one term commissioner is from the City of Waycross Charter in Section 9 (6) (A). The subsection 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.
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.
