No ruling on alleged election violations

Bobby Caudell, Pat Westmoreland, Ray Holcomb, Robert Marshburn, Keith Rucker and Henry Taylor IV, who filed the lawsuit against Banks County Probate Judge Betty Thomas, were represented at the hearing by attorney James ‘Jim’ Cornwell, Toccoa. At the hearing, Judge Thomas was represented by attorney Bill Linkous, Gainesville.

The lawsuit is over the wording on the ballot where seats on the Banks County Board of Commissioners are listed as “post” instead of “district.”

The July ballot listed the Post 1 candidates as Rickey Cain, Danny Maxwell and Sam Moon, and the Post 3 candidates as Sammy Reece and Keith Segars. The word “Post” was also used on the August runoff ballots and on the November 2 general election ballots.

The lawsuit states: “The defendant (Judge Thomas) has prepared and promulgated a ballot that does not comply with the requirements of law because it does not use the proper title of the respective offices the candidates are seeking.”

Cornwell said in his opening statement, “There is a way to do an election and a way to do them well.”

Caudell pointed out that in the past, the Post 1 seat on the BOC has been the chairman’s seat.

“We are asking to re-open qualifying and allow people to run for Districts 1 and 3,” Cornwell said.

In Linkous’ opening statement he said, “The complaint says nothing about qualifying. And posts and districts are synonymous and inter-changeable.”

Judge Wynne said, “It’s crystal clear the question here is the use of the word post instead of district.”

Probate Judge Thomas said in her statement to the court that Rickey Cain had voiced to her that he had heard some concern about the confusion between the words post and district on the ballot.

Caudell testified that he talked with Betty Thomas after the July Primary about the use of Post vs. District.

Caudell said, “I am asking you to set aside the November election and hold a correct election.”

Caudell stated he felt like the candidates should quality for the correct positions and the correct wording should be used on the ballot.

Caudell said, “I voted in the Nov. 2 election, but I did not cast a vote for commissioner.”

Linkous asked Caudell if he knew when he voted in the primary election that the five names on the ballot were not running for (BOC) chairman. Caudell said, “Yes.”

Linkous called 11 witnesses to the stand and all of them testified that they were not confused about the use of the word Post vs. District on the ballots.

Kenneth Brady, a self-employed farmer and former BOC chairman, said, “I knew who I was voting for. I was voting for the person.”
Donald Daniel said, “I vote for the person.” Daniel advised he didn’t pay any attention to the use of the word Post or District.

Other witnesses who testified they were not confused about the use of the word Post vs. Ballot were: Lynn Lewallen, Vicki Dalton, Ellen Whitfield, Kenneth Duckett, Herbert “Bo’ Garrison Jr., Doug Cheek, Kenneth Cochran, Billy Poole, and Judge Thomas.
Duckett, a poll manager at the Hollingsworth Precinct, stated Judge Thomas printed posters to be posted in all the precincts to clarify the use of the word Post vs. District on the November ballots.

Judge Thomas advised she did this after she received notice about the lawsuit that was filed on Oct. 15.

Judge Thomas said, “I use posts and districts inter-changeably.”

Thomas said that she placed a call to the Georgia Secretary of State’s Office to check on the use of the word Post vs. District and was instructed that she would not need to have new ballots printed and no changes would need to be made.

Judge Thomas said, “Finding the Nov. 2 election invalid and holding a new election would drastically impact my office and the county.”

Thomas went on to say that she was consistent in each election cycle in the use of the word Post vs. District.

Judge Wynne said, “I am having trouble wrapping my mind around what is the difference between posts and districts. I see no harm, no foul.”

In the closing arguments Linkous said, “What we have here is a local election, local folks, local town and close knit community. The people up here know these two words to be synonymous.”

Linkous stated that the law requires the plaintiffs to show that if a new election is held the results would be different.

“In Banks County, they do elections based on common sense, not on technicality,” Linkous said.

In closing Cornwell said, “The question is, is the ballot valid or invalid? We are not saying the numbers are wrong.”

“If the ballot is not valid the election is not valid,” Cornwell added.

Cornell stated that this hasn’t happened in Georgia that has been recorded.

Judge Wynne did not rule on the case on Wednesday. He asked both sides to submit their proposed orders to his office by 5 p.m. on Monday, Nov. 15.

“I will make a ruling after that time,” Judge Wynne said.

No ruling had been made as of press time on Wednesday, Nov. 17.