Updated at 6:35 p.m.: Tyrone Brooks Jr. called a few minutes ago to report that the potential confrontation described below will probably be avoided. Fulton County Superior Court Judge Kimberly Esmond Adams has rescheduled a June 19 hearing on Brooks' disqualification from the House District 55 ballot to 8:30 a.m. Monday, a day before the special election.
Original post: An attorney for Secretary of State Brian Kemp has told a Fulton County judge that, if she can't schedule a hearing on the matter before Tuesday's vote, Kemp intends to violate her order to return Tyrone Brooks Jr. to the House District 55 special election ballot.
Early this week, Kemp had agreed with an administrative law judge who ruled that Brooks, in pursuit of the seat just vacated by his father, had failed to prove a year-long residency in the south Atlanta district. The best Brooks could do was prove residency as of July 25, 2014.
With no time to change the ballot for a June 16 election, Kemp declared that notices would go up at polling stations, informing voters of Brooks’ disqualification, and that ballots cast for him would not be counted.
On Thursday, Superior Court Judge Kimberly Esmond Adams, at the request of Brooks, issued a restraining order against Kemp. She has set a hearing for the case on June 19 – three days after the vote.
Russell Willard, a senior assistant attorney general assigned to represent Kemp, sent a response to Esmond Adams today, calling her order “fatally flawed.”
"Absent this Court withdrawing its order and scheduling a hearing prior to the election scheduled for Tuesday, June 16, 2015, Secretary of State will be placed in the position of having to violate an order….." the response reads.
See for yourself here:
Here’s one thought on why Kemp is taking such a hard line: Six other candidates are in the race. If Brooks remains on the ballot on Tuesday, only to be removed at a later date, those who finish out of the runoff could easily argue that Brooks' votes would have gone to them. More lawsuits would be filed.
A new election might have to be called. Ironically, it would probably be after July 25. And Brooks would qualify as a candidate.
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