Four days after filing the complaint on McKenzie’s behalf, her attorneys, Jerry Wilson and Wayne Kendall, asked the court to remove them from the case. McKenzie said she has hired a new attorney, but she declined to comment further.
In her suit, McKenzie alleges that “upon information and belief” at least one polling location allowed voters in the building after 7 p.m., when the polls are scheduled to close. She alleges that “at least two” voting machines were programmed with the wrong ballots, and she questioned why only 23 provisional ballots were counted in the results for a county with 36 precincts.
In calling for the case to be dismissed, lawyers for Hampton, Henson and Kemp each argued that McKenzie did not file her petition within the statute of limitations — five days after the results were certified on May 25.
In his request for a judge to dismiss the case, Henson’s lawyer, Scott Holcomb, said the senator has no knowledge of validity of McKenzie’s claims and should not be included in the suit.
“This case has no merit. Period,” Holcomb told The Atlanta Journal-Constitution. Holcomb serves in the state House of Representatives.
Henson has served in the Senate for 24 years, first spending eight years in the chamber before leaving in 1998 to run unsuccessfully for labor commissioner. The Stone Mountain resident returned in 2002 and has been the Senate’s Democratic leader since 2011.
No hearing has been set in the case. If the case is not resolved before November, Henson will automatically win the general election and return to the Senate next year since no Republican is running in the contest.
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