The DeKalb County Commission and Interim CEO Lee May on Tuesday voted down a second nominee to represent 140,000 people in the southeastern part of the county who have lacked a county commissioner for more than a year and a half.

By rejecting the Kathryn Rice, the leader of a movement to create a city of Greenhaven, the DeKalb Commission gained the ability to pick a seventh commissioner instead of relying on May’s nominees. The commission could take action next month.

The commission was tied 3-3 on Rice’s appointment, and May voted by phone to break the tie against Rice.

Southeast DeKalb hasn't had a district representative since July 2013, when Gov. Nathan Deal promoted May from his commission seat to serve as the county's acting chief executive while suspended CEO Burrell Ellis awaits trial on corruption charges.

The commission stalemated over May's first nominee to serve as a temporary commissioner, George Turner, for six months until finally voting to reject him earlier this month. Commissioners opposing Turner said they didn't want May to be able to pick his successor.

Georgia law gives the commission authority over the appointment after it rejects two of May’s nominees.

“Who’s speaking on behalf of South DeKalb?” asked Sheila Mason in public comments to the board. “Please, give us representation.”

John Evans, the president of the DeKalb NAACP, said he would file ethics complaints against commissioners if they didn’t fill the southeast DeKalb seat.

“Most of you know what the right thing is. You just have to get on board and do it,” Evans said.

The three commissioners from north DeKalb who had opposed Turner supported Rice, but the three south DeKalb commissioners voted against Rice so the commission could gain control of the process.

Whoever is chosen to represent southeast DeKalb would likely become an instant swing vote on the seven-member body.

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