Incumbent’s failure to file candidacy central to decision
Superior Court Judge J. Kelly Brooks dismissed last week the appeal of Sheinita Bennett to overturn her disqualification by the Ware County Board of Elections and Registration as a candidate for Waycross City Commission District 2.
Brooks, in his ruling filed Monday evening, October 6, said his dismissal was centered on one undisputed fact in the case.
“ ... there is at least one fact not in dispute which is determinative of this appeal,” Brooks wrote in his ruling. “Sheinita Bennett, (sometimes referred to as ‘Petitioner’) did not file her notice of candidacy.”
It was that fact which led the board of elections September 4 to deny Bennett’s appeal of disqualification to that body. That four-person board voted unanimously that it had no standing to rule on the matter since Bennett, who currently holds the District 2 seat, had not filed as a candidate.
The board of election’s decision left open Bennett’s ability to appeal it’s stance on the matter to Ware County Superior Court.
Attorney Matthew M. Weiss of the Atlanta firm of Parker Hudson Rainer & Dobbs LLP, filed that action September 12.
Bennett’s appeal to that court 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.
Bennett didn’t respond to a text message seeking comment on the ruling.
Brooks heard more than four hours of arguments and testimony during a hearing Wednesday, October 1 in the Ware County Courthouse before rendering a decision.
Bennett, Powell and Evans Primies Jr. provided testimony during the hearing. The latter 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 captured the conversation between Bennett and Powell about the commissioner’s opportunity to seek the District 2 seat again despite being an employee of the Ware County Sheriff’s Office. The City Charter prohibits those employed by other governmental municipalities from holding the office of Waycross Mayor or Commissioner.
The appeal of a ruling by the board of elections on Bennett’s disqualification centered on:
• Her inability to qualify to be a candidate to seek a second term on the commission as District 2 representative based on the conversation with Powell, the city’s election agent, in the qualifying period.
• The 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 charter prohibiting employees of Ware County to hold elective office during their term of service.
Bennett’s complaint for Writ of Mandamus, Declaratory and Injunctive Relief also was dismissed. It sought to place the burden of candidate qualification on Powell as the city’s manager of its elections in her capacity as clerk.
That decision again was founded on Bennett’s failure herself to file as a candidate.
“The Petitioner had the ability to qualify, had the opportunity to qualify, had the means to qualify and the knowledge of how to qualify,” Brooks wrote. “The Petitioner failed to qualify, and cannot ask equity to do something that she could have done herself.”
The judge had a October 6 deadline in order for election officials to have an accurate ballot to the print site and filed with the Office of Secretary of State October 7 to start early voting October 14.
Early voting for the four city offices as well as that for Georgia Public Service Commission and a local Floating Local Option Sales Tax referendum began 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 31.
