Handel appeals Powell PSC bid

Georgia’s secretary of state is continuing her fight to keep Public Service Commission candidate Jim Powell off the November ballot.

Karen Handel on Monday filed to appeal Fulton County Superior Court Judge Wendy Shoob’s decision that Powell could remain in the race. Powell is the Democratic candidate in District 4, running against Lauren McDonald, a Republican.

“We strongly disagree with the court’s interpretation of the law and how it is applied in this case,” said Matt Carrothers , a spokesman for Handel’s office.

The issue is whether, under state law, Powell lives in District 4. 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 the district and was still getting mail at a house in another district. He moved to the house in District 4 in February 2007, though he still owns the other house.

At a hearing Thursday, Shoob dismissed Handel’s order after listening to both sides, saying the status of the homestead exemption was irrelevant.

Powell said Handel’s appeal would not deter him from campaigning.

“She’s wrong, she’s absolutely wrong,” he said. “I’m troubled that she continues to disadvantage my campaign by filing these legal challenges and tries to keep me off the ballot by legal means.”

Carrothers said Handel’s office has asked for an expedited decision so this issue is resolved before the November general election. Powell beat Bob Indech in the primary, taking 85 percent of the vote.