SOS disqualifies Jim Powell for PSC (Blog for Democracy)

SOS disqualifies Jim Powell for PSC

In an eleventh hour decision by SOS Karen Handel, Democratic candidate for PSC Jim Powell has been disqualified from the General Primary Election.

You can download a PDF copy of the decision here.

A few facts about this case:

The decision is signed and dated on July 10th, 2008. Jim Powell was not notified by the Secretary of State's office on Thursday. Or Friday. Or Saturday. Or even Sunday. In fact, he was never notified. Over the weekend, Jim began hearing rumors that he was disqualified, and took it on himself to call the SOS this morning, whereupon he was notified that he was, in fact, disqualified. During the phone call, the Director of Elections then offered to send him a copy of the decision.

In "Findings of Fact," section 3, the SOS decision says, "Respondent spends approximately 60% of his time at the Towns County Property. In the District, Respondent attends church, pays taxes, registered two cars, registered to vote, voted three (3) times, owns and operates a boat, obtained a driver's license, and receives some of his mail."

In her Voter ID TRO testimony, the Secretary said under oath (paraphrasing) that to inform all of the polling places in Georgia of a change in policy concerning Voter ID would cause "mass chaos," and she further implied that it would be almost impossible. Yet, in this case, she has taken it upon herself to do exactly that - notifying every polling place in the state that Mr. Powell is disqualified.

Related link: Handel boots three from ballot, from PI
Keith Gross, Erik Underwood and Jim Powell get tossed.

Posted by Mel on July 14, 2008 1:31 PM | Permalink

Comments (13)

innerredneckexposed

It seems to me that Powell showed he lived within the district...why was he DQed?

As for Erik...sucks to be you. Go back home where you belong.

Posted by innerredneckexposed | July 14, 2008 2:04 PM

Posted on July 14, 2008 14:04

MelGX

In Powell's case alone, the judge ruled in his favor, but the SOS chose to ignore. Seems arbitrary to me.

Posted by MelGX | July 14, 2008 2:17 PM

Posted on July 14, 2008 14:17

MelGX

I had planned to vote for Powell, so this makes me a little crazy.

Posted by MelGX | July 14, 2008 2:30 PM

Posted on July 14, 2008 14:30

CatherineAtlanta

I'm disappointed. I was also planning on voting for him. No big surprise here, though. Can't have a person on the Public Service Commission who is actually interested in serving the public. Lordy, No! What were we thinking?

Posted by CatherineAtlanta | July 14, 2008 2:44 PM

Posted on July 14, 2008 14:44

sndeak

Damn! I already voted for Powell.

Posted by sndeak | July 14, 2008 2:58 PM

Posted on July 14, 2008 14:58

jac1975

I voted for him too! Karen H just disenfranchised me! If any group wants to file a lawsuit, I'll be glad to volunteer as an aggrieved party.

Posted by jac1975 | July 14, 2008 3:13 PM

Posted on July 14, 2008 15:13

plange

I'm glad about Erik, but am POed about Powell-- I think I'll still write him in. This sucks!! Can't believe we almost could have had someone of his calibre on the PSC!! Maybe that was the problem. Can't believe they didn't bother notifying him!

Posted by plange | July 14, 2008 3:24 PM

Posted on July 14, 2008 15:24

innerredneckexposed

jac: how does one become an "aggrieved party"

Posted by innerredneckexposed | July 14, 2008 3:47 PM

Posted on July 14, 2008 15:47

griftdrift

I suppose if your vote isn't counted you could be considered aggrieved. But that's going to be an uphill battle.

Posted by griftdrift | July 14, 2008 4:05 PM

Posted on July 14, 2008 16:05

Publius

A Fulton County Superior Court Judge has just granted Jim Powell a stay of SoS Handel's decision to remove him from the ballot. Mr. Powell is a candidate still and all votes for him are to be counted.

Posted by Publius | July 14, 2008 4:08 PM

Posted on July 14, 2008 16:08

Sara Wara

I presume you could argue you would have utilized your vote otherwise had you known he was disqualified?

Ideally, you would find someone who voted after the disqualification order was issued on July 10th but not yet communicated to precincts or candidates.

Posted by Sara Wara | July 14, 2008 4:41 PM

Posted on July 14, 2008 16:41

jac1975

I don't know... but I know that you have to have someone who was "injured" in order to have standing. It was one reason why the first challenge to the voter ID law was dismissed...DPG didn't have anyone who'd been denied the vote due to not having an ID. The Supremes said parties could have standing to challenge on their own, though.

Anyway, I cast my vote in full faith that it would be counted. I'm just saying if some legal group needed a person to stand up as the "injured party", I'd lend my name :)

But it seems the Powell's votes will count. Handel is a real piece of work.

Posted by jac1975 | July 14, 2008 4:57 PM

Posted on July 14, 2008 16:57

Will Fowlkes

Hua - I already voted for him, too. Good to see he got the stay...

Posted by Will Fowlkes | July 14, 2008 5:14 PM

Posted on July 14, 2008 17:14