State Rep. Gerald Greene testified Tuesday that he turned to Secretary of State Brian Kemp when he learned his potential opponent for House District 151 allegedly lives outside the district.
Greene, a Randolph County Republican, did not say during Tuesday’s hearing before an Office of State Administrative Hearings judge how he learned that Democrat James Williams lives in District 154.
But Greene testified that Kemp’s chief of staff, David Dove, soon reached out. A second witness testified that within days Kemp’s contacted the Dougherty County Board of Elections, which then changed Williams’ voter registration from District 151 to District 154.
Williams’ attorney, Maurice King, argued Tuesday that doing so violated his client’s rights and essentially gives Greene, who has no primary opponent in May, a free pass to victory in November in a district where 56 percent of voters supported President Barack Obama in 2012.
“It’s highly unusual for the Secretary of State’s Office to call a local office and ask them to change someone’s district,” King told Judge Ronit Walker. Under state law, he said, “when you’re going to change the district of a voter you have to provide that voter with that notice and opportunity to be heard.”
Neither happened, he said.
Greene’s lawyer, noted GOP attorney Anne Lewis, countered that state and local officials simply fixed a mistake made years ago after lawmakers redrew district lines following the 2010 census. Williams should have been moved to District 154 then.
She also argued that King’s point about how the change in district came to be is irrelevant.
“Evidence will show he does not reside in the district for one year as required by the (state’s) constitution,” Lewis said. “I don’t think the evidence will show there’s any dispute to that fact.”
Kemp spokeswoman Candice Broce said in a statement that the secretary of state followed established procedures.
“Our office does not redistrict voters,” she said. “Acting on their own will, Dougherty County changed Mr. Williams’ voter registration to correct their mistake. The insinuation that we ordered or directed the county to do anything is completely false and goes against all the testimony that was given at the hearing today.”
Walker ordered both sides to submit proposed rulings to her by May 10 and said she would rule no later than May 13. Kemp, however, will ultimately decide whether to uphold Walker’s ruling or overturn it. That decision can be appealed by either side to Fulton County Superior Court.
Williams qualified in March as Greene’s only challenger. House District 151 includes part of Dougherty County as well as all of Calhoun, Clay, Early, Quitman, Randolph, Stewart, Terrell and Webster counties.
If Kemp’s office is correct, Williams has been unknowingly voting in House District 151 for the past four years.
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