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The Atlanta Journal-Constitution
Published on: 07/16/08
Former state Public Service Commissioner Lauren McDonald narrowly edged out a renewable energy lobbyist Tuesday, becoming the Republican nominee for his old seat.
But neither McDonald nor the state's voters know who he'll face in November.
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Democratic newcomer Jim Powell blew past his primary opponent, winning an unusually high 85 percent of his party's vote.
His opponent, Jim Indech, could be the nominee despite that, if a court rules that Powell shouldn't have been on the ballot.
The strange turn of the District 4 race stems from an 11th-hour ruling by Georgia Secretary of State Karen Handel, followed by temporary court intervention.
On Thursday, Handel overruled an administrative law judge's June decision and threw Powell off the ballot.
She said he didn't meet state residency requirements.
The next day, her office told polling places to put up prominent notices saying Powell had been disqualified and that a vote for him wouldn't count.
Nobody told Powell, who learned of his disqualification from a county elections official Sunday.
He took Handel's office to court.
Late Monday afternoon, the Fulton County Superior Court ordered a temporary stay of Handel's ruling and ordered the polling place notices to come down.
It meant Powell would remain on the ballot but would have to appeal Handel's ruling after the primary.
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.
Not all polling places got the word about taking down Handel's notices, according to voters who called the Atlanta Journal-Constitution on Tuesday.
Powell won big anyway.
His attorney said they will appeal Handel's ruling by the end of the month with the Fulton court.
The residency challenge to Powell is based on facts that are similar to those raised against Commissioner Robert Baker two years ago.
Baker won that fight, and the ruling was unanimously upheld by the state Supreme Court.
On Wednesday, Powell said he was already thinking about how to beat McDonald in the fall.
"I will deal with this legal issue," he said, adding that he believed Handel's office should be held accountable for the mess.
"I think he's beatable," he said of McDonald.
McDonald, meanwhile, said it was "a bit early right now to start evaluating things for the general election."
"I'm going to wait and see who my opposition is before I make any plans," he said.
The other PSC race on Tuesday's ballot unfolded without any wrinkles.
Incumbent Commissioner Doug Everett won his party's nomination and has no opponent in November.
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More on ajc.com
- Georgia must honor new voters, not impede them (09/22/2008)
- READERS WRITE: Rhetoric aside, state constitution must prevail (08/28/2008)
- Voters, not secretary of state, should decide PSC election (08/27/2008)
- Judge: PSC candidate can be on ballot (08/22/2008)
- Judge rules Powell eligible to appear on PSC ballot (08/21/2008)
- Selective hearing (07/25/2008)
- OUR OPINION: Selective hearing (07/25/2008)
- ELECTION RESULTS: IN COURTS: Residency issue stalls race plans (07/17/2008)
- PUBLIC SERVICE COMMISSION: Powell leading despite residency challenge snafu (07/16/2008)
- Despite sign mixup, Powell leading in PSC race (07/15/2008)
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