Norcross council one-vote loser might not be done

‘We’re going to have to pray about it,” Crofton says after losing election on one disputed ballot

The Atlanta Journal-Constitution

Wednesday, December 03, 2008

Norcross City Council candidate Michelle Crofton said she is a woman of faith, but it was the hand of the city attorney that decided the photo finish and gave victory to her opponent in Tuesday’s runoff election.

Deadlocked at 398 votes, City Attorney Pat O’Brien ruled that a questionable ballot was marked in favor of Ross Kaul, handing him the seat in one of the closest races in city history.

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And it may not be over.

Crofton said she and her husband, Peter, who is an attorney, will review her options under Georgia law.

“We’re going to have to pray about it and see what the Lord wants us to do with it,” Crofton said. She has until Monday to decide whether to challenge the race.

A political newcomer and stay-at-home mom, Crofton said she was “still reeling” from the election after retired businessman Kaul was declared the winner — 399 votes to Crofton’s 398.

City Attorney O’Brien would not comment for this story.

City Clerk Susan Wuerzner on Tuesday night drew a picture of the ballot in question for a reporter, with an “X” in one of the boxes and a diagonal slash mark coupled with a slight squiggly in the other box.

Kaul said Wednesday that both he and Crofton were allowed to look at the questionable ballot, with the candidates’ names obscured, Tuesday night at City Hall.

Kaul said he told election officials the name marked with an “X” was the winner. Crofton wouldn’t describe what she saw, only that it was open to interpretation and that she didn’t recall a squiggly.

Wuerzner said Wednesday the questionable ballot originally was included in a stack of eight other ballots judged to be spoiled by a poll manager and a poll worker. Wuerzner said she thought the ballot in question was good.

Once the race ended in a tie, poll workers rechecked all the spoiled ballots and the deciding sheet was called into question once again, Wuerzner said.

After polling all the election workers and allowing the candidates to glance at the ballot, Wuerzner said she contacted the Secretary of State’s office, which directed her to call the city attorney. She said it took O’Brien just a minute to decide.

“He immediately said in his mind it was clear that the intent of the ballot was to go to Ross Kaul,” Wuerzner said.

Kaul said after that decision was made, “everybody walked out peacefully and shook hands and went and had a drink.”

Kaul, who will assume the council seat being vacated by Jeff Allen, said he was still in shock over the results. And if the results hold up, he knows he’ll have to help govern from the center.

“When it’s so equally split, there’s no mandate,” he said. “My job is to serve all the people.”

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