Judge rules Powell eligible to appear on PSC ballot

Public Service Commission hopeful Jim Powell may appear on the November ballot against Republican Lauren McDonald, a judge ruled Thursday.

Though Powell won handily over opponent Bob Indech in the July 15 Democratic primary for the District 4 seat, Powell’s attorneys appeared Thursday at a Fulton County Superior Court hearing to resolve whether he lives in the district, as required by state law.

He was challenging Georgia Secretary of State Karen Handel’s order to remove him from the ballot. Handel’s office said she disqualified Powell because, when he filed his candidacy, he had not yet changed his homestead exemption to his house in District 4 and was still getting mail at a house in another district. He moved to his current house in February 2007.

Judge Wendy Shoob dismissed Handel’s order after listening to both sides, saying the status of the homestead exemption was irrelevant.

“That is the worst argument to me because you are telling me I can just move, but if I didn’t withdraw that homestead exemption, I didn’t move,” she said.

Deputy Secretary of State Rob Simms told reporters after the hearing that Handel’s office would consult with the attorney general’s office on whether to appeal. “Obviously, we could not more strongly disagree with Judge Shoob’s decision,” he said.

The dispute started in May when Indech, Powell’s primary opponent, challenged Powell’s residency. An administrative law judge dismissed the issue in early July.

But the Thursday before the July 15 primary, Handel overruled that decision and ordered Powell off the ballot. Her office told polling places to put up prominent notices saying Powell had been disqualified and that a vote for him wouldn’t count.

Powell took Handel’s office to court. The next day, the Superior Court temporarily blocked Handel’s ruling.