The City of Waycross and Ware County Board of Election and Registration officials were awaiting Monday evening the ruling on a lawsuit seeking to include Commissioner Sheinita Bennett on the November 4 Municipal Election ballot.
Superior Court Judge Kelly Brooks said following a hearing Wednesday, October 1 on Bennett’s appeal, he would rule by Monday. That was the board of election’s deadline to have the ballot finalized for printing Tuesday, October 7.
No ruling had been released to Journal-Herald by presstime.
The action, filed September 12 on Bennett’s behalf by Attorney Matthew M. Weiss of the Atlanta firm of Parker Hudson Rainer & Dobbs LLP, listed the Ware County Board of Elections and Registration and Jacqualine Powell, in her official capacity as City Clerk for the City of Waycross as Respondents/Defendants.
The action appealed the decision September 4 by the board of elections of her disqualification to seek a second term on the City Commission. The board voted 4-0 to grant a motion by Assistant City Attorney Huey Spearman for a directed verdict on Bennett’s appeal of the city’s ruling to disqualify her candidacy as District 2 representative to the commission on the basis of her employment by the Ware County Sheriff’s Office.
Candidates who qualified for the District 2 seat are Ayana Moore, William Simmons, and Barry Worley.
Early voting for the city offices as well as that for Georgia Public Service Commission and a local Floating Local Option Sales Tax referendum begins Tuesday, October 14 at the board of elections office, 408 Tebeau Street. Hours are 8 a.m.5 p.m. weekdays and 9 a.m.-5 p.m. on the two Saturdays during the period that ends October 30.
Brooks heard more than four hours of arguments and testimony during a hearing Wednesday, October 1 in the Ware County Courthouse.
Among those called to testify were Bennett, Powell and Evans Primies Jr., who had a tape of a meeting between Bennett and Powell in the Clerk’s City Hall office August 24, which was the day before election qualifying ended. The tape was played during the hearing, but was mostly inaudible in the courtroom necessitating transcription prior to Brooks ruling.
Weiss questioned Bennett about the circumstances that led to her not filing to seek a second term. This included the meeting with Powell, and subsequently a meeting with Ware County Supervisor of Elections Carlos Nelson about appealing her disqualification.
Bennett testified Powell informed her if she chose to file candidacy papers and pay the filing fee she would be disqualified and forfeit the fee. As an employee of the Ware County Sheriff’s Office Bennett said she was told she was ineligible to hold the seat because her employment violated the City Charter.
Nelson earlier said Bennett’s employment was inadvertently overlooked by city and election officials when she qualified, ran and won the District 2 seat in November 2020.
Bennett also testified neither Powell nor anyone else in city government or the board of elections had informed her at any time before or during the August 2225 qualifying period she needed to file as a candidate in order to appeal a disqualification.
Spearman, who represented Powell as City Clerk, countered that point, questioning Bennett on her personal responsibility to file qualifying papers by the 4:30 p.m. deadline August 25.
Bennett said it was brought to her attention in March by District 5 Commissioner Alvin Nelson she was in violation of the charter by holding the seat as a Ware County employee.
Bennett’s appeal to Superior Court centered 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 Sheriff’s Office, which the suit maintained 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.
