Following a Memorandum sent by the city attorney on Tuesday indicating that the City of Reidsville should cancel the December 2 runoff election, one city councilman is asking for additional proof that the basis for the decision is sound.
At issue is a memo sent Tuesday by city attorney DuAnn Davis, who was tasked with determining whether or not the city charter was amended in 2000 by an act of the Georgia legislature, which does not appear in the official copy of the city charter. The amendment would have changed city council elections to a decision by a plurality of voters (most votes) as opposed to a decision by a majority of voters (50% of voters + 1 more). Whether or not the change occurred is particularly relevant now as the three-way race for Ward 1, Post 2 on November 4 did not result in any candidate receiving 50% of the vote. The city scheduled a runoff between incumbent Carolyn Blackshear and Beitha Griffin but if the charter was lawfully changed, Blackshear, who garnered 53 votes to Griffin’s 47 votes and Joyce’s 17 votes on November 4, would be the declared winner without a runoff. Davis’s memo indicated that the city charter was changed in 2000 and, therefore, no election should be held. More on that here
But in response to Davis’s memo with the decision, Councilman Dan Bennett says he wants more proof. Bennett sent a demand letter to Davis, Mayor Vickie Nail, and City Clerk Nivea Jackson on Tuesday, requesting additional proof that the amendment to the city charter back in 2000 was done properly.
Was It Done Properly?
Then-state representative Terry Barnard introduced the legislation during the 2000 legislative session and swore under oath that he met the two legal requirements to amend the charter.
First, Barnard attested that the Notice of Intention to Introduce Local Legislation was published in the legal organ, the Glennville Sentinel, on February 10, 2000. Page 11 of the February 10 edition, shows the legal notice related to the Notice of Intention. You can view it here.
Second, Barnard’s legislative form shows four options to explain how the charter amendment made its way to the legislature. Barnard checked the box that he notified the governing authority of the municipality (the City of Reidville) as required by subsection (b) of OCGA 28-1-14.
It’s important to note that OCGA 28-1-14 was amended in 2002 in House Bill 1525, so the version online not is not the same version that was codified law at the time the charter amendment went through the legislature. The version of the law in 2000 is reflected on the legislative form submitted by Barnard with the legislation.
Barnard DID NOT check the boxes for:
- Waiving the requirement to notify the governing authority because there was a passage by resolution by the governing authority.
- That the requirement of subsection (b) was not required because the charter was not amended
- That the requirement of subsection (b) was not required because the bill is an annexation bill.
Based on Barnard’s filing, it appears that the City Council in Reidsville did not send a resolution to Barnard for legislative action and instead, Barnard initiated that action on his own, and then issued notification via the legal organ. This somewhat contradicts what the Reidsville City Council voted to do January 3, 2000, according to the meeting minutes. On that date, the council voted to send a resolution to Barnard, a motion which was made by Curtis Colwell and seconded by Carolyn Crume (now Blackshear), who notably did not mention anything about this during the confusion at Monday’s council meeting.
The amendment was sent to the governor on March 30, 2000 and signed on April 19, 2000.
Whether or not the documents are sufficient or if the lack of formal update to the charter will impact the validity of the amendment is still to be determined. City officials are meeting with election officials Wednesday.
Request for Additional Documents by City Councilman
In his letter, Bennett wrote:
“I fully realize that this will cost time and public funds to fulfil, however, all of “this” has created additional controversy among the citizens of this town and has left us in a position that we appear to fail to even produce a “valid” election. This is beyond ridiculous! I am amenable to whatever the “voters have decided” but at the same time, the voters (as well as each candidate that considers nomination for election) should have been able to determine without deep dives into various state level documents that are not readily accessible. Without basic trust in the entities that enforce laws, where is society?”
Bennett formally requested the following:
- A certified copy of the Act as passed by the legislature from the Georgia Secretary of State’s Office of the Clerk of the Georgia House of Representatives showing that the Act “explicitly amends the City of Reidsville Charter to require plurality elections.”
- Proof of Proper Advertisement, including the affidavit of publication required under OCGA 28-1-14, showing the newspaper used was the official legal organ of Tattnall County in 2000, dates of publication, and certification filed with the Clerk of the House prior to introduction.
- Legislative Verification, including documentation that the local delegation signatures required by the House of Representatives Rules (#16.1) were obtained when HB 1580 was introduced.
- Proof of Federal Preclearance (Voting Rights Act 5) by producing the DOJ preclearance letter or docket confirming that the change from majority to plurality for Reidsville elections was pre-approved in 2000.
- Public Incorporation of the Change, by showing proof of when, where, and by what vote the City of Reidsville incorporated the 2000 change into its official printed charter or Municode and published the amended charter as required by OCGA 36-35-3(b)
- Notice to Electors, to include documentation that citizens were notified, by ordinance, publication, or posting that Reidsville switched from majority to plurality voting.
- A citation of the statute or directive that allows a midcycle change in election procedure contrary to OCGA 21-2-70, which requires uniform election conduct in each county.
- The basis for the legal opinion from city attorney DuAnn Davis, including the research relied upon to declare a runoff canceled, including citations, case law, and legislative proof for record and review.
