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Monday, July 14, 2008

Secretary of State Handel Issues Decisions on Candidate Residency Challenges

Georgia Secretary of State Karen Handel issued the following decisions today regarding candidate residency challenges.

Ian O’Brien v. Keith Gross: Secretary Handel adopted the Administrative Law Judge’s findings of fact and conclusions of law and held that Keith Gross does not meet the residency requirements for state House of Representatives, District 80.

Prominent notices will be placed at each affected polling place advising voters of Mr. Gross’s disqualification, and all votes cast for Mr. Gross will be void and not counted.

Hillary O. Stewart v. Cecillia Hailey: Secretary Handel adopted the Administrative Law Judge’s decision to deny the challenge to Ms. Hailey’s residency.

Earnest “Coach” Williams v. Clyburn Halley, Jr.: Secretary Handel adopted the Administrative Law Judge’s decision to deny the challenge to Mr. Halley’s residency.

Joan Garner v. Erik Underwood: Based upon the evidence presented in the hearing officer’s findings of fact, Secretary Handel held that Mr. Underwood does not meet the residency requirements for state Senate District 36.

Mr. Underwood does not own property, does not pay rent, and does not receive mail in the district. OSAH hearing notices sent to the address provided by Mr. Underwood in his “Declaration of Candidacy and Affidavit” were returned undeliverable.

Prominent notices will be placed at each affected polling place advising voters of Mr. Underwood’s disqualification, and all votes cast for Mr. Underwood will be void and not counted.

Karen Handel v. James R. Powell: Based upon the evidence, Secretary Handel held that Jim Powell does not meet the residency requirements for Public Service Commission, District 4.

Mr. Powell owns a home in Towns County, which is within District 4. However, at the time he qualified as a candidate for Public Service Commission, District 4, he received a homestead exemption and continued to receive mail at a home owned in Cobb County, which is not within District 4. He also provided his Cobb County address as his mailing address to the Towns County Tax Assessors Office.

Prominent notices will be placed at each affected polling place advising voters of Mr. Powell’s disqualification, and all votes cast for Mr. Powell will be void and not counted.

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