Home > Jay Bookman > Archives > 2008 > August > 28 > Entry
DEL.ICIO.USHandel shouldn’t decide PSC race
The Atlanta Journal-Constitution
Elections should be decided by citizens in the voting booth, not by bureaucrats and judges.
But Secretary of State Karen Handel — the officer charged with protecting the electoral process — nonetheless seems determined to dictate the outcome of a race for the Public Service Commission. Should she succeed, she will also succeed in denying the people of Georgia a voice in decisions with billions of dollars at stake.
Jim Powell and Lauren McDonald are running to represent PSC District 4, in North Georgia. Under state law, PSC candidates must live in the district they seek to represent, although they are elected by statewide vote.
In the Democratic primary, Powell’s residency in District 4 was challenged by his opponent. The arguments and evidence were heard by an administrative law judge, who ruled in Powell’s favor.
Powell bought a house in Hiawassee in 2006 and spends most of his time in the district. As the judge noted in his ruling, Powell also “attends church, pays taxes, registered two cars, registered to vote, voted three times, owns and operates a boat, obtained a driver’s license and receives some of his mail” in Hiawassee.
Furthermore, the judge noted that in March 2007, Powell filed to transfer his homestead exemption from a house in Cobb County to his home in Hiawassee, but could not because the deadline had passed.
That would seem a pretty compelling case that Powell lives in Hiawassee. Nonetheless, Handel intervened and — just a few days before the July primary — tried to yank Powell from the ballot. Only an emergency court order allowed the election to take place, with Powell winning 85 percent of the vote.
Still not satisfied, Handel appealed the case to Superior Court, where she once again lost. Undeterred, she has since filed an emergency motion with the state Court of Appeals, seeking a hearing for her claim that it is within her legal discretion to remove Powell from the ballot.
In that motion, Handel presses the case she has argued from the beginning, so far to no avail. Because Powell did not succeed in transferring his homestead exemption from Cobb to Towns County until this year, she claims, Powell remained a Cobb resident and thus cannot run from District 4.
At its best, that is a highly legalistic argument and represents a close legal call. In the eyes of two judges to date, it is not even that. And common sense would suggest that in close cases, public officials ought to stand aside and let voters, not judges, decide the matter.
If Handel wins the case, what will be the outcome? A candidate who drew 85 percent of the vote in the primary will be removed, replaced by a candidate who drew only 15 percent and has run no campaign since then. In effect, Handel will have ensured that Powell’s opponent, McDonald, will become the next PSC commissioner for District 4, stripping voters of the right to make a choice.
McDonald has served on the PSC before, losing his seat to reformer Angela Speir in 2002. He proved a stalwart — some might even say obedient — supporter of utilities on a commission dominated by such voices. When Speir replaced him, the contrast was stark. She led the charge for ethics reform and served as a strong voice for consumers and utility ratepayers. Usually she was in the minority on such issues, but at least those positions were being heard. However, she chose not to seek re-election.
Powell, a retired senior official in the U.S. Energy Department, promises to pick up where Speir left off. Thanks to his background, he knows energy issues backward and forward. If you go to Powell’s campaign site (jimpowellforgapsc.com) and click on “Issues,” you get a comprehensible discussion of his approach.
On the other hand, if you go to McDonald’s Web site (www.mcdonald4psc.com) and click “Issues,” you get a page stating “Coming Soon.”
In the next few years, the PSC will make critically important decisions on energy conservation, nuclear power, natural gas and alternative energy, with billions of dollars at stake.
The voters of Georgia — not the secretary of state and not a panel of judges — ought to select who makes those decisions on their behalf.
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Comments
By AJC/DNC Management
August 28, 2008 9:06 AM | Link to this
The libs just reduced the voting population of two entire states into half people so that they could install their Favorite And Most Magnificent Puppet into the presidential nominee spot, against the will of the voters, but a obscure position on some utility kangaroo committee brings forth thirty paragraphs of hysteria, even though the law clearly states you must live in the district you seek office in.
This is unique, to say the least.
By Mike
August 28, 2008 9:14 AM | Link to this
“WASHINGTON - The economy shifted to a higher gear in the spring, growing at its fastest pace in nearly a year as foreign buyers snapped up U.S. exports and tax rebates spurred shoppers at home.
The Commerce Department reported Thursday that gross domestic product, or GDP, increased at a 3.3 percent annual rate in the April-June quarter. The revised reading was much better than the government’s initial estimate of a 1.9 percent pace and exceeded economists’ expectations for a 2.7 percent growth rate.”
Don’t bother trying to find this important news on the AJC. It doesn’t fit with their tired screeds.
By Taxpayer
August 28, 2008 9:18 AM | Link to this
From what I’ve seen so far, Karen should not be allowed to handle sharp objects. What is she trying to do, prepare an insanity plea as her basis for wanting to oust Powell. “But your honor, I keep doing the same thing over and over because I know that I will eventually get the answer that I must get.” If Powell had the 15%, would she still be struggling so hard to deny him his rights. I wonder if her actions constitute harassment.
By AJC/DNC Management
August 28, 2008 9:30 AM | Link to this
Aahhh, yes, thee host is tiring of it’s baby sitting duties:
Democratic keynoters spoke of the economy as if it were a static pie that can be divided fairly. Profit, competition, growth, international trade and self-reliance are treated as corrupt thoughts. Financial success, well, it is a moral failing.
Take, if you will, Michelle Obama’s speech. In relaying her life story, Obama conveniently failed to mention, in any detail, that she graduated from Princeton University and Harvard Law School. She also failed to mention her six-figure salary.-David Harsanyi, Denver Post
By RW-(the original)
August 28, 2008 10:13 AM | Link to this
With the Presidential race getting into full gear they’ve got Jay writing about some public service commission race?
I guess with the county fair season approaching we can expect a long series of livestock judging scandals.
Remember when Toreceli had to bolt from the New Jersey race and the law clearly stated it was too late to replace him on the ballot, but they did anyway. Fast forward to Mark Foley having to step down too late to replace him on the ballot and the Democrats fought to make sure that even though though Republicans could have a new candidate they couldn’t replace the name on the ballot.
Funny what outrages a moonbat and what doesn’t.
By Hillbilly Deluxe
August 28, 2008 10:19 AM | Link to this
If we had wanted Bubba McDonald we would have voted for him. (I do live in the district in question by the way. Complete with homestead exemption.)
We don’t really need another GA Power representative on the PSC. They have enough already.
As for homestead exemption, you have to apply for the exemption right? What if for some reason you choose not to? I wouldn’t but it’s a free country if somebody doesn’t want to. Would that make you ineligible for public office?
To be honest I didn’t know anything about Jim Powell but he wasn’t Bubba. That was good enough for me so he got my vote.
By AJC/DNC Management
August 28, 2008 10:34 AM | Link to this
Apparently, the elevator got stuck between floors, stranding Sen. Clinton and others for several minutes. The doors needed to be pushed open and those in the elevator — including Sen. Clinton — needed to be lifted and squeezed out.
So how’s the elevator doing?
By swolf4810
August 28, 2008 10:42 AM | Link to this
Handel’s actions just make me want to vote for Powell all the more. There MUST be SOME REASON the Republican administration wants his competitor so bad.
By Mike
August 28, 2008 10:50 AM | Link to this
Further evidence of the AJC’s bias:
This headline is at the bottom of the home page:
“Economy bounces back, jobless claims fall”
This headline is at the top of the home page:
“Dying man’s cat runs away”
Which stories do you care about?
The AJC burries any good news about the economy or Iraq for solely partisan reasons.
Tell us again about how bad Fox is, Jay.
Better yet, tell us why the AJC is any better.
By Helen Crane
August 28, 2008 11:09 AM | Link to this
Wake up folks, this is not a D vs. R thing. This is Georgia Power promising Handel a political future for a favor. Powell is strong and experienced. He is not going to let GPC push him around. Bubba, who allegedly made a deal with GPC even before he qualified has spend the campaign season in GPC van being further indoctrinated. Powell is working his butt off to see every Georgian. We need to have energy debates on this issue. R’s- such as myself dislike this guy. He has no principles except an arrogant, self-serving need to have lobbyists kiss his butt. We have enough butt kissing leaches in the party. I am voting for powell -energy policy is so important I would vote for my dog before some corrupt ignorant person who calls himself a Republican.
By AJC/DNC Management
August 28, 2008 11:38 AM | Link to this
Oh, po wittle cwy baby:
Tonight, WGN radio is giving right-wing hatchet man Stanley Kurtz a forum to air his baseless, fear-mongering terrorist smears. He’s currently scheduled to spend a solid two-hour block from 9:00 to 11:00 p.m. pushing lies, distortions, and manipulations about Barack and University of Illinois professor William Ayers.
It is absolutely unacceptable that WGN would give a slimy character assassin like Kurtz time for his divisive, destructive ranting on our public airwaves. At the very least, they should offer sane, honest rebuttal to every one of Kurtz’s lies.
Sounds to me like Kurtz is on to something, don’t it?
He sure has Thee Dimwit awfully whiny about it.
And notice how the Dhimmi’s response is not proof of incorrect allegations, nope, it’s censorship.
Got no defense, eh?
By AJC/DNC Management
August 28, 2008 11:47 AM | Link to this
Dhimmocrats making up the rules as they go, nothing new here:
It has been a harsh week of rebuke for the Democratic congresswoman Blinky Pelosi, a Catholic school graduate who repeatedly has expressed pride in and love for her religious heritage.
Sunday, on NBC’s “Meet the Press” program, Pelosi said “doctors of the church” have not been able to define when life begins.
Cardinals and archbishops in Washington, D.C., Philadelphia, New York and Denver are among those who have criticized her remarks. Archbishop George Niederauer, in Pelosi’s hometown of San Francisco, will take up the issue in the Sept. 5 edition of the archdiocesan newspaper, his spokesman said.
Even the basic concepts confuse these morons, and check it out, they want to “save the planet” too.
Wonderful.
By AJC/DNC Management
August 28, 2008 11:54 AM | Link to this
Here’s a nice little blurb to put it all in proper perspective:
Russia’s military is unlikely ever to match the might of the U.S. and NATO. Russia devoted 3.9 percent of its gross domestic product to the military in 2005, compared with 4.1 percent by the U.S., according to the CIA’s World Factbook. But the U.S.’s GDP is $14 trillion, almost 11 times Russia’s. NATO’s 26 members have a combined GDP of about $25 trillion.
By Fabb4eyes
August 28, 2008 12:01 PM | Link to this
Bookman has no equals when he has a topic to write about. This is just first rate journalism. Easy to read. Informative without bogging down. And it has a polish that Wooten can only dream about.
Someone tell Mike that newspapers have to sell. Maybe he can come up with an angle for a story that someone, anyone will read. If only he didn’t start every paragraph with the word, “duh”. I think he could maybe write decently enough.
Seems a shame. I think he’s quit trying.
Dont quit, Mike. Nobody’s laughing at you. and nobody thinks you’re a tard, that’s strictly for Duhng. Okay?
Conservative is not merely dead, it’s really most sincerely dead. Sen. Craig sounded taps, with his flag at half mast.
Obama 08: America takes over.
McCain 08: There’s a passage in Mein Kampf where Heetler relates a story of a prison guard who drew a swasticka in the dirt. That got Heetler through his imprisonment and he went on to become the greatest dictator of all time, hello.
bwa
By AJC/DNC Management
August 28, 2008 12:02 PM | Link to this
Look at the hacks at PMSNBC getting angry and raging at one of their own for telling the…………….truth:
On Monday evening, Olbermann interrupted Scarborough while he was talking about McCain being competitive in the polls. “Jesus, Joe, why don’t you get a shovel?” Olbermann remarked.
Scarborough is a man among toadies.
He should bail or talk to Howard Dean about a raise, one.
By @@
August 28, 2008 12:09 PM | Link to this
My, my, but you’re an enigma Jay. With each column, you reveal a little more about who you are. Today I find you are an environmentalist.
In the next few years, the PSC will make critically important decisions on energy conservation, nuclear power, natural gas and alternative energy, with billions of dollars at stake.
Need I point out that your newly “ordained” presidential nominee knows HIS way around ballot manipulation. Sho ‘nuff, HE does. When HE was running for HIS Illinois state senate seat, HE used every legal recourse to assure that all of HIS opponents were removed from the ballot. HE said HIS actions were justified.
From The Chicago Tribute:
In a recent interview, Obama granted that “there’s a legitimate argument to be made that you shouldn’t create barriers to people getting on the ballot.”
But the unsparing legal tactics were justified, he said, by obvious flaws in his opponents’ signature sheets. “To my mind, we were just abiding by the rules that had been set up,” Obama recalled.
Asked whether the district’s primary voters were well-served by having only one candidate, Obama smiled and said: “I think they ended up with a very good state senator.”
And ^^^ there you have it Jay…….just trying to get a Handel on who Barack OBlahMa really is.
So how do you feel about the legal pursuits of environmental groups over the last couple of decades? Even today, all over the world, their lawsuits are inhibiting the construction of hydroelectric power. This country could have been up and running on nuclear power, had it not been for their legal maneuvers to oppose.
Right now, as it is, I can choose my power provider in both gas and electricity. I can pick my phone service. The only service I’m shackled to is The Clayton County Water Authority, and I can tell you; they’re not very flexible in their terms of agreement.
By Tom
August 28, 2008 12:17 PM | Link to this
Wow! Homo-ajc/dnc and the other NASCAR rodents are out in real strength here today. It’s almost time for 3.8 hours-in-combat McCain to resurrect his famous “war” inventions. Downed 4 multi-million dollar planes. Ours. Tis the stuff of…heroes. Cross-in-thee-dust. Green Bay Packers. Pittsburg Steelers. The usual…”stuff.” Lap it up, unwashed masses!
By GOPs got to go
August 28, 2008 12:43 PM | Link to this
So what can we do to help the situation Jay? Is there someone to write to or email? I will.
By Bud Wiser
August 28, 2008 1:19 PM | Link to this
Democrats don’t give a crap where they live, in reality, because it doesn’t stop them from entering elections for seats in other states.
Robert Kennedy (Mass) - Senator from New York
Hillary Clinton (Arkansas housewife) - Senator from New York
Robert Wexler (Maryland) - Representative from Florida
Patrick Kennedy (Mass) - Representative from Rhode Island
Since when do the ordinary rules of residency apply to Dimwittocrats?
Obama/Biden ‘08 - making it easy to be stupid
By Taxpayer
August 28, 2008 1:46 PM | Link to this
The only effective way to help this situation is to vote out all incumbent Republicans. We must purge the system. Flush them down the drain and start anew. We must do the leading since the elected ones don’t seem to be capable.
By hillbilly ragger
August 28, 2008 2:31 PM | Link to this
Bud @ 1.19, refresh my memory; your party’s presumptive Presidential nominee John Sidney McCain III—he had lived in AZ for how long, again, prior to seeking elective office there?
Were you similarly up in arms about how Republican voters didn’t “give a crap” where their candidates live? Did it keep you up nights?
Share with us.
By Bud Wiser
August 28, 2008 3:13 PM | Link to this
Just listing the offenders, Hillbilly. Don’t get your panties in a wad.
Interesting Dead Kennedy perspective on History Channel right now from 2-5…about how JFK was, among other things, a drug abuser. Speed, amphetamines, pain killers, the list goes on and on…..
Typical Dimwittocrat…..druggie, adulterer, this explains a lot of the attraction to your party by the misfits and useless dregs of society.
Obama/Biden ‘08 - making it easy to be stupid
By GMAN
August 28, 2008 3:33 PM | Link to this
Speed, amphetamines, pain killers, the list goes on and on…..
Sounds like Cindy “Jezebel” McCain to me! But of course that may be what keeps her interested in “Mr. Magoo”. I really can’t for the life of me see why anyone would vote for “Secret Squirrel” What a team, Grand Pa and the Drug Addict!
McCain/Bush - The Minnesota Twins
By Dusty
August 28, 2008 3:34 PM | Link to this
Oh bother, now Bookman is a lawyer. I believe we have courts to settle these arguments.
Thanks, RW for you 10:13. You made me laugh. That line was so good in reference to Bookman’s current “investigation”. You wrote: I guess with the county fair season approaching we can expect a long series of livestock judging scandals.
Right! And I will add Eat mo’ chickin! to such controversies.
By RW-(the original)
August 28, 2008 3:36 PM | Link to this
JOHN adds: This is another in the series of near-daily “Democrats vs. Free Speech” stories. It is noteworthy that the Obama campaign’s email to the candidate’s acolytes says, “At the very least, they should offer sane, honest rebuttal to every one of Kurtz’s lies,” but fails to disclose that the radio station invited a representative of the campaign to appear on the show. Barack Obama hates debate, but loves bully-boy tactics
By Bud Wiser
August 28, 2008 3:46 PM | Link to this
Yeah GMAN, don’t bother talking about the first demigod of the Democrat party, change the subject like a faithful lib.
Add yourself to my “Thank You” list, tool.
By GMAN
August 28, 2008 3:52 PM | Link to this
Ok Bud Wiser, I’ll MIGHT give you John Kennedy if you’d own-up to “Secret Squirrel” and “Jezebel”? But of course again, that may be what keeps her interested in “Mr. Magoo”. I really can’t for the life of me see why anyone would vote for “Secret Squirrel” What a team, Grand Pa and the Drug Addict!
By AJC/DNC Management
August 28, 2008 3:56 PM | Link to this
THE DEMOCRATIC NATIONAL CONVENTION exposed the central defect of Senator Barack Obama’s candidacy: the absence of compelling evidence he is up to the job of president. The exposé comes courtesy of a bad habit of his running mate, Senator Joe Biden. When in doubt, Mr. Biden exaggerates. And in the past week, he did a lot.
Like Mr. Biden, Michelle Obama’s speechwriter could not resist hyping her husband’s work. Monday night, Mrs. Obama talked about “what he’s done in the United States Senate, fighting to ensure that the men and women who serve this country are welcomed home not just with medals and parades, but with good jobs and benefits and health care—including mental health care.” This is an apparent reference to the Dignity For Wounded Warriors Act, a bill Mr. Obama introduced that never made it out of the Senate Armed Services Committee, despite its Democratic majority. Americans missed the spectacle of Mr. Obama “fighting to ensure” because he was missing for that particular battle.-Rove Monster
Bwa.
By Clint
August 28, 2008 4:00 PM | Link to this
So we have Reagan, the Bushes, Jesse Helms, Cheney, 3.8 hour McCain. Patriots and heroes all. God-fearing too. Gonna be funny and…sick as always.
By N-GA
August 28, 2008 4:01 PM | Link to this
Jay,
It looks like no one has anything to add to your column. It (your column) is relevent and informative, but most of the bloggers lack sufficient first-hand knowledge of the parties and/or the law.
But keep it up! Most of what you write drives them up the wall!!
By AJC/DNC Management
August 28, 2008 4:03 PM | Link to this
It doesn’t look like America has as many surrender monkies as the libs think:
Sixty-three percent of Americans say that if diplomacy fails to solve the Iranian nuclear crisis, they would approve of an Israeli strike on Iran’s nuclear sites, a new poll has found.
By Maniac is accurate
August 28, 2008 4:16 PM | Link to this
I think Karen Handel should pick all public officials in Georgia, Wyoming, Delaware, Idaho and the Netherlands.
By Dusty
August 28, 2008 4:25 PM | Link to this
GMAN@3:52
MY, real cute to say Grandpa and the Drug Addict. But there’s an even better one Aunty-USA Michellie and the Drug Addict. Maybe that’s what keeps “Aunty-USA” interested, ya think? Trash in and trash out…
Got any more cheap shots you want to give us?
By AJC/DNC Management
August 28, 2008 5:40 PM | Link to this
What McBushie is doing with these press releases is deflating the balloon that is thee Magnificent Bimbo’s speech tonite in front of his hordes of toadies at thee fake temple (how fitting, you get it, fake temple, fake kkkandidate?)
It won’t be either Romney or Pawlenty.
Now for one last bout of wishful thinking, Condoleeza Rice and the liberals are road kill.
Please Lord?
By Hillbilly Deluxe
August 28, 2008 10:19 PM | Link to this
What do Obama and McCain have to do with the Georgia Public Service Commission?