The Atlanta Journal-Constitution
Published on: 07/14/08
A Democratic candidate for the state Public Service Commission is back on Tuesday's ballot, after a last-minute skirmish with Georgia Secretary of State Karen Handel and an even more last-minute intervention by a court.
The candidate, Jim Powell, said he learned only Sunday that Handel had thrown out his candidacy three days earlier, overruling an administrative law judge's order in his favor.
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A Fulton County Superior Court judge stayed Handel's ruling late Monday afternoon.
Polling places across the state already had been told to put up prominent notices telling Tuesday's voters that a vote for Powell won't count.
Powell's attorney, Andrew Coffman, said they had contacted the state attorney general's office to ensure that the notices come down, in compliance with the court stay order.
Powell thinks the fight could still hurt him. "I think she's done some damage that can't be fixed," he said.
Handel disqualified Powell from the PSC race because of a residency challenge. His primary opponent, Bob Indech, challenged Powell's residency in May.
PSC candidates must come from one of five districts but run statewide.
The challenge said that Powell didn't live in the PSC's District Four, from which he is running, for the 12 months before his campaign.
Powell says he moved to a home in Towns County in the PSC's Fourth District when he retired in 2006 but still has a home in Cobb County.
He said he voted in Towns County and had his car registered in Towns County. He conceded that he receives mail at the Cobb County house and had never transferred his homestead exemption.
An administrative law judge ruled in Powell's favor on June 25, based partly on precedent set in a residency challenge against Commissioner Robert Baker, which was upheld by the state Supreme Court.
Handel overruled the ALJ on July 10, signing the order that disqualified Powell. She said that his homestead exemption and use of the mailing address in Cobb County violated state residency requirements.
The next day, Handel's office e-mailed boards of elections around the state, telling them to post notice of Powell's disqualification.
Nobody told Powell.
The candidate said he first learned of the disqualification Sunday, when a county elections official forwarded the Handel e-mail.
Even if he wins Tuesday, Powell will have to appeal Handel's decision before the outcome of the race will be final.
"The election will proceed as planned, and Mr. Powell's name will appear on the ballot," said Matt Carrothers, a spokesman for Handel.
"Votes for Mr. Powell will be tallied and votes may or may not be counted based on the outcome of the appeal," he said.
And the notices?
"Postings of notice in polling locations notifying voters that Jim Powell has been disqualified as a candidate for Public Service Commission, District 4, will be taken down," Carrothers said.
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