Judge rules against alleged election violations

Bobby Caudell, Pat Westmoreland, Ray Holcomb, Robert Marshburn, Keith Rucker and Henry Taylor IV filed the lawsuit against Banks County Probate Judge Betty Thomas over the wording on the ballot where seats on the Banks County Board of Commissioners were 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. A hearing was held Nov. 10 before Judge Wynne at the Banks County courthouse.

“Many of the witnesses testified that they did not even look at the position descriptions, but voted instead by looking for the names of persons whom they knew were running for office,” the judge ruled. “Numerous election officials and poll workers testified that no one spoke with them about the position titles on the ballot. Bobby Caudell, the lone plaintiff who testified, indicated that he was not confused by the use of the word ‘post’ when he voted in the primary and runoff elections.”

The judge also noted that “extensive evidence” was presented that the terms “post” and “district” have been used interchangeably in the past in Banks County elections without any evidence of voter confusion.

“According to the exhibits introduced into evidence, the candidates themselves used the words interchangeably in their qualifying documents,” the judge ruled. “…The court believes that holding a new election at this point would cause more confusion than currently exists.”