To our readers:   State Senator Buddy Carter (R- Pooler) will be reporting each week during the Legislative Session.  The session began January 9, 2012 and is expected to last until the latter days of March. .

Day 6 (Monday, January 23, 2012):  Although we were not in session last week, as a member of the Appropriations committee I was at the Capitol most of the week for budget hearings.  We began on Tuesday of last week with the Governor presenting an outline of both his amended FY12 as well as FY13 budgets.

For the remainder of Tuesday, all of Wednesday and Thursday morning, we reviewed each departments proposals and studied the budget in detail.  After a long weekend, we’re back in session today.  Today is Mayor’s day at the Capitol sponsored by the Georgia Municipal Association and we welcome mayors and city councilman from around the state to Atlanta.  After joining this fine group of local leaders for a breakfast featuring Governor Nathan Deal, we go into session at 10AM and get right to work by debating two bills.

HB46, the Uniform Interstate Depositions and Discovery Act, will streamline discovery in cases involving out of state decisions by allowing depositions and discovery taken in other states to be admissible in Georgia courts.

While HB46 passes easily, SB203, a bill that was passed by the Senate last year but had changes made by the House, is disagreed to by the Senate today.  The bill will now go back to the House where they will either accept the bill as is or disagree and have a conference committee appointed to work out the differences between the two chambers.

Our Chaplain of the Day today is Chaplain Major Jeff Struecker, a decorated member of the U.S. Army whose character was featured in the book and movie “Black Hawk Down.”  Later in the day, I participate in the Right to Life rally on the Capitol steps and we enjoy a visit with friends from Effingham County as today is “Effingham Day at the Capitol.”

Day 7 (Tuesday, January 24, 2012):  While we didn’t have any action items on the calendar today during session, we had quite a number of groups that we honored including the Class AA state champion Burke County Bears football team.

Most of my day is taken up by committee meetings including a Higher Education Committee meeting where we hear presentations from Dr. Lamar Veatch with the Public Libraries and Chancellor Hank Huckaby and Technical School Commissioner Ron Jackson who make a presentation on the Complete College Georgia Plan.  This innovative and much needed plan creates new forms of collaboration and accountability between the University System and Technical Colleges in our state to help increase the number of students in Georgia who complete college.

Day 8 (Wednesday, January 25, 2012):  Today is a very busy day and I start with a meeting with representatives from The Living Vine, a Christian Maternity Home in Savannah that does outstanding work in our community.  As our state faces continued budget constraints, we will be depending on religious groups such as this fine organization to provide services to our citizens.

Once in session, we recognize Sheriffs from across our state who are at the Capitol today before we join the House for the State of the Judiciary address given by Chief Justice Carol Hunstein.  After meeting with the Community Bankers Association members, the afternoon is filled with committee meetings including a Health and Human Services, Ethics and Higher Education meeting.  The Higher Education meeting is a joint meeting with the House committee members and we hear a presentation from the Georgia Student Finance Commission updating us on the HOPE scholarship.  The HOPE scholarship is the finest merit based program in the nation and we are committed to helping sustain its success in the future.

Day 9 (Thursday, January 26, 2012):  Today is Savannah-Chatham Day at the Capitol and it is a welcome site to see so many friends from home.  We begin the day with a meeting of the Chatham County legislative delegation where we are joined by Mayor Edna Jackson and members of the Savannah City Council to review their legislative agenda for the year. Also this morning I have the honor of speaking to the Georgia Alumni Association of Historically Black State Universities.  This is a fine group with representatives from Albany State, Fort Valley State, and Savannah State and I am privileged to address the group.

Today is a very special day for me personally as my Chatham County colleague, Senator Lester Jackson and I welcome the Class A state football champion Savannah Christian Red Raiders to the Senate.  Led by Coach Donald Chumley and Upper School principal Ashley Barnwell, we honor this outstanding group of young men and have our picture taken with them and Governor Nathan Deal.  We are very, very proud of this fine group.

The afternoon is filled with meetings with different groups and, of course, the traditional meeting with Savannah-Chatham leaders that is moderated by former State Representative, and current WTOC news anchor, Sonny Dixon. Later that evening the “event of the year” the annual Savannah-Chatham seafood fest is held at the Depot.  What a great event and what a wonderful asset for us as legislators representing this area to have.

Senator Buddy Carter can be reached at Coverdell Legislative Office Building (C.L.O.B.) Room 301-A, Atlanta, GA, 30334.  His Capitol office number is 404-656-5109.

Written by Walter L. Johnson II

Monday, Jan. 9, 2012 will be a history-in-the-making moment for Albany.

On that date, Dorothy Hubbard will be sworn in as the city’s first-ever female mayor.  She replaces Willie Adams, who served as Albany’s first African-American chief executive for the last eight years.

Despite being a pioneer in Albany politics, Hubbard—who is a former city commissioner representing Ward II—doesn’t dwell on that fact very often.

“I know there are times when you want to think about it, but you don’t dare, because you know that you need everybody’s help, and everybody’s support,” Hubbard said. “So, it’s not just a matter of being a female as much as it about working together, and all of us working together, males and females.”

Additionally, Hubbard added, that men and women in general should support each other as often as possible.

“It’s also about knowing that in the past, we as females have supported our male leaders, and what we are asking for is (the) male leaders support.

“I’m suggesting that I want the same respect and support that has been given to the male counterparts coming forward.”

Mary Ligon, who served as one of Hubbard’s campaign manager, believes Hubbard will be a solid public servant as Albany’s mayor.

“Dorothy will serve our community well,” Ligon said. “She is patient, listens to multiple perspectives, analyzes the options, and chooses the best plan of action.”

Within the first 50-100 days of her term in office, Hubbard plans to address the multiple issues she addressed during her campaign, which include, but aren’t limited to, education, demolishing blighted properties, and even homelessness.

“I will go on to set up my community councils, which will actually be formed around my four major areas and platforms, which will be education, crime, jobs and economic development, and blighted properties,” Hubbard said.

Additionally, Hubbard added, getting with expertise in dealing with such issues—especially economic development and unemployment—will be a major priority during her first year in office.

“We will look at the jobs and economic development,” she said, “How that affects Albany, and how they’re all interwoven, interlinked, and how that affects the other.

“Certainly, we’re going to have to assess where we’ve been.  We’re going to have to assess where we are, and then get on the same page, and going in the same direction, to determine where we need to go.”

Ligon believes there’s no one specific issue that Albany faces going into 2012 and beyond.

“There are many issues in our community that need focused attention,” Ligon said. “Because not everyone agrees on the priorities or the solutions, it is important for everyone to seek understanding of others’ perspective and not just push their own view.”

“With sincere effort and respect of one another’s views,” Ligon added, “I believe we can work together to address many of the issues in our community.”

     While most of Georgia’s population grew within the past decade, many of the state’s cities and counties south of Macon—especially those in southwest Georgia—lost population between 2000 and 2010.

As a result, Hubbard says, co-operation between multiple communities in the region will be critical.  She thinks that such collaboration can benefit not only Albany, but also the cities and counties surrounding Dougherty County.

“I think that the people in Albany and Dougherty County want their elected officials to work together,” explained Hubbard.  “They want us to understand just locally, within this city and county, how important it is for all of us to work together.

“When you take that, and move it regionally, then you start talking about Leesburg, Colquitt, and Cordele, and Sylvester, that’s going to be crucial.

“It’s going to be really important for all of us not only to work together, but to understand how important regionalism, to understand that if Sylvester can get some jobs, then Albany will benefit, if Albany could get some jobs, Sylvester will benefit.

“What we have to understand is if Albany loses, then southwest Georgia loses.  The other counties surrounding Albany lose.  If Colquitt loses, or Sylvester loses, or Lee County loses, we all lose.

“Because a lot of those people that are moving (to), or living in Sylvester, or are living in Lee County, actually come back to Albany and Dougherty County to work.

“So, it’s going to be crucial, (and) it’s going to be a challenge, to help us to understand why regionalism is actually important.”

     With confidence in local government appearing to be at an all-time low, both Hubbard and Ligon think winning the trust of Albany citizens will be a task that must be worked on tremendously.

“In my opinion, the basic issue is a lack of trust across our community, which makes all other issues difficult to resolve,” Ligon explained.

“If we each take responsibility for our own words and actions so they contribute to developing an environment of trust, then we work through differences and accomplish positive changes more quickly.”

Hubbard says earning the trust of the citizens will take time and effort.

“I’m going to do everything I can to see that we all work together, that we all understand the importance of our moving our city forward.

“There are some challenges, real challenges for us.  But I think that if really, really work together, then we’ll understand how one affects the other that we understand that we can do this, if we really, really work at it.

“It’s not going to be easy, but we will have to work at it.”

Rick Allen explains his reasons in an exclusive announcement interview with The Albany Journal

Written by Tom Knighton

Rick Allen came late to the party.  That was the essential verdict of everyone who looked at the Georgia Second’s Republican primary.  Allen entered the race late and never could catch up with eventual winner Mike Keown, who went on to lose to Representative Sanford Bishop. However, Allen did earn a great deal of respect from area Republicans.

That respect turned to enthusiasm as Allen announced to supporters via email that he was going to run again.

Social media sites had numerous people expressing their pleasure that the business owner from Columbus was coming back into the political arena.  Allen himself feels that he could have had a better showing last time around had he entered the race sooner. “I got into the race very late last time, in mid March I believe. Mike Keown was running a strong race with a lot of support and funding already in place. Mike had already been campaigning seven months when I came into the race. As a political novice I had a lot of ground to make up in a short time,” Allen said.

So why run this time? One local report describes Allen’s defeat in the primary as him being “crushed”, so why run again?

“More than anything I believe our Country is heading into national decline at an alarming rate, and I am very passionate about standing with other patriots to stop this decline. I’m also running because Georgia District Two needs a strong conservative voice in Washington,” Allen said.

Allen has already come out swinging against Bishop, who is currently seeking his 11^th term in the House of Representatives. “We are currently represented by a pawn of the Obama Administration, which has shown itself to be the most radical, leftist and ineffective Presidency in US history. Sanford Bishop’s tenure in the Second District has sewn a path of corruption and his actions and voting record endorse a Democrat Party agenda which is leading us headlong into big government European style socialism and class warfare, which voters of the Georgia Second do not want, and will hasten our downfall as a nation,” said Allen.

Allen says his platform will include specific positions on overturning President Obama’s healthcare reform law, cutting spending, cutting the national debt, and a push for a balanced budget amendment. In addition, Allen says he will also campaign on the idea of American Exceptionalism.

“My campaign platform will center on the idea of American exceptionalism. That is that we are the exception to the history and condition of man, in that we are the first serious country to prove that man can govern himself, without a powerful governmental authority, dictating and controlling every facet of human activity. Along with our Founding Fathers, I believe we are endowed by our Creator with certain inalienable rights, and that it is the responsibility of the Government to protect these rights, and our liberty is best served when government is limited. I will also stress the ideals of self reliance, individual liberty, fiscal responsibility, the restoration of traditional American values, and a strong national defense,” Allen said in an email to The Albany Journal.

Allen’s fight is bound to be uphill.  Redistricting efforts to protect Congressman Austin Scott has created a strong Democrat leaning district in the Second District, with now parts of Macon as part of the district.  However, it was thought that Bishop was fairly safe at this point in the last election, only to have a strong challenge from Keown that nearly toppled the long time Congressman.

Judge Joe Bishop called an end to proceedings late Friday afternoon, but the question of what to do about the controversial Ward 2 race is still to be decided.  Attorneys for Melissa Strother and Ivey Hines, as well as City Attorney Nathan Davis, asked plenty of questions, but little in the way of new information was learned.

One key component of today’s proceedings were whether signs were prominently displayed.  Strother’s attorney, Bo Dorough, called forth campaign workers who held signs outside of various Ward 2 precincts.  Each had entered their respective precincts and saw no signs.  This was countered by Davis calling up the precinct manager from each Ward who expressed where the signs were placed.

Judge Bishop asked his own questions as well, asking election board officials if there were any discussions about running advertising in local media letting people know that Cheryl Calhoun was no longer a candidate.

Hines Attorney Maurice King asked election officials whether people had a right to vote for whoever they chose to vote for.  In all cases, the answer was yes.  King was alluding to Hines’ earlier assertion that votes for Calhoun were done consciously as a protest her treatment by the election board.  However, no evidence was submitted that such a protest movement was afoot.

Indeed, the Journal has been unable to find any discussions of such a protest being underway.  While it may be incredulous that such a movement would gather 259 supporters, almost 20 percent of the votes cast, without some discussion in local media that it would happen, it’s even harder for some to grasp that it would happen and no one would talk to Cheryl Calhoun about it. “I only had people say they saw my name on the ballot,” Calhoun said when asked if she had anyone tell her that there had been such an effort.

Despite the hours, a decision will most likely not be available until after the holidays.

Melissa Strother and attorney Bo Dorough will have to wait until after the holidays for a verdict.

The Secretary of State’s office is looking into the Ward II election.  Here’s a glimpse at some of what they might find.

Written by Tom Knighton

Last week, Melissa Strother handed reporters a 2,400 word report outlining “irregularities” in the election process.  Among those were many aimed squarely at the elections office. One, however, wasn’t. That was the complaint about the sheer numbers of absentee ballots filed in favor of Ivey Hines in the Ward II election, primarily from Jackson Heights. Now, the Secretary of State’s office is investigating these “irregularities”. Though they refuse to comment on particulars in their investigation, sources indicate that contact has been made with at least one of the principle parties in the Ward II debacle.

However, is there really anything for the investigators to find?

The Journal looked at the percentages last week and found that Jackson Heights accumulated a significantly higher percentage than the other three precincts, in fact about twice the percentage as the other three’s average.  However, upon further digging, the disparity in numbers becomes even more obvious.

Based on absentee ballots alone, Ivey Hines garnered 67.63 percent of those votes.  Strother? Just 31.4 percent, despite taking 47.46 percent of the vote after election supervisor threw out all votes for former Ward II candidate Cheryl Calhoun. Meanwhile, Hines only got 51.45 percent after Calhoun’s votes were removed.  This looks somewhat out of balance, but is it unusual?

Judging the other races that took place on November 8, the disparity becomes clearer. For example, the more high-profile mayor’s race featured three candidates. In that race, the top absentee vote getter was Dorothy Hubbard at 39.31 percent.  She’s followed by B.J. Fletcher at 37.08 percent and John White at 23.52 percent.  In the overall vote, Fletcher was the leader with 39.37 percent (a difference of only .29 percent), followed by Hubbard with 36.35 percent( -2.96 percent), and John White with 24.14 percent ( a difference of only .62 percent).

Each candidate was within three percentage points from their total of absentee votes when compared to the total votes gathered. However, a mayor’s race involved the entire city, so perhaps a better comparison can be made looking at city commission races.  There are two that can serve as examples.

First, Ward IV featured two candidates.  Roger Marietta won handily, defeating first time candidate Jason McCoy.  Marietta took 80.72 percent (84.07 percent absentee) to McCoy’s 18.97 percent (15.75 percent absentee).  The difference between percentages of votes case is greater than in the mayor’s race, but is still only 3.35 percent difference.

Ward VI may give an even clearer picture.  After all, it also boasted three candidates.  Here, the disparity is a bit greater.  After all, Commissioner Tommie Postell only got 47.01 percent of the vote overall, but received 53.72 percent absentee.  A 6.71 percent difference is greater than the normal difference.  Number two finisher Victor Edwards garnered 29.43 percent overall, but only got 26.54 percent absentee. His difference is only 2.89 percent.  Former school teacher Kowana McKinney finished with 23.29 percent overall, but only got 19.42 percent absentee; a 3.87 percent difference.

Among the 8 candidates in other races, the average difference is a mere 2.99 percent.  However, Ivey Hines boasts a difference of 16.18 percent.

To further muddy up the waters, there is the fact that absentee ballots can be divided up into two categories.  One is called “absentee in person”, which is where a voter files their absentee ballot in person with the elections office.  The other is “absentee by mail”, in which the ballot is mailed in.  Voters turning in absentee ballots in person have their identifications checked to insure they are who they claim to be.  Voters mailing their ballots in have their signatures checked by election office staff.

In all races, including the two questions Albany voters got to cast ballots on, the number of voters turning in absentee ballots in person outnumbered mail-in votes by pretty strong margins except in one race.  Ward II candidate Ivey Hines received 75 total absentee by mail votes, compared to 65 absentee in person.  Melissa Strother? She received 54 absentee in person votes, compared to just 11 by mail. In Jackson Heights alone, Hines received 62 absentee by mail votes, and 40 absentee in person.  In fact, of the 140 absentee votes Hines received in the Ward II election, 102 did indeed come out of Jackson Heights Elementary School precinct.

While the numbers in question do not necessarily implicate anyone in any wrongdoing, Hines in particular, they do hold up to Strother’s allegations.

Meanwhile, Strother seems to be garnering a great deal of community support.  At the elections board meeting, held November 16, multiple voters from Ward II stepped in front of the board to let their displeasure be known.  Johnny Williams said, “I have great concerns” regarding the 247 votes being thrown out. “In America, you threw them away.”

Several more claimed that they saw no signs at their voting precinct.  One was Anne Mitchell, who says she voted at Palmyra Road Methodist Church. “There was not a sign prominently displayed that Cheryl Calhoun was removed from the ballot,” she said.  Strother’s report claims as much.

Another Ward II resident, William Livingston, had questions about those who voted early while Calhoun was still a valid candidate. “Were people allowed to revote?”

In all cases, the board referred to potential pending legal action, saying all of the questions asked would be answered in court.  County attorney Spencer Lee outlined the process for legal action, saying that an administrative judge would appoint a judge from outside of this circuit to hear the case.

Strother asked if the board had the authority to handle this and were just choosing to hand this off to the courts, something she said would be fine with her but wished for them to just put it in the record.  Lee refused to give a straight yes or no answer, and then refused Strother’s request to find out and get back with her.

Many in the community are upset by the events in Ward II, even without potential irregularities.  Their sentiments were best summed up by a comment Mitchell made to the board when she said, “Something’s going on.”  Several members of the community have made similar statements around town as well.  The elections board has apparently decided that the next “something” to go on will require additional expenditure of taxpayer’s money in the form of legal costs.

Candidates allege that election officials screwed up and now voters are paying the price

Written by Tom Knighton

It would be easy to say that Ward II was a mess, but candidate Melissa Strother and former candidate Cheryl Calhoun might take exception to the use of the past tense.  In their minds, it’s still very much messed up, and the only solution is a runoff between declared winner Ivey Hines and Strother.

“We want your voices to be heard, and that hasn’t happened in this election,” Strother told reporters Monday outside of the Government Center.  The contention stems from election officials’ decision to throw out 259 votes cast for Calhoun, some of which were cast prior to her disqualification from the race due to an issue with residency.

The story first begins in August, when Calhoun attempted to qualify in the Ward I race to challenge commissioner John Howard.  She reports that election supervisor Ginger Nickerson told her that she didn’t reside in Ward I, but Ward II and would need to qualify during the special election qualifying period for the seat Dorothy Hubbard vacated in her bid to be Albany’s next mayor.

Calhoun and her husband Randall say they argued the point, even showing Nickerson on a map that they did indeed live in Ward I. Nickerson held her ground, and eventually Calhoun relented and eventually qualified for the Ward II race.

Several weeks ago, the Journal reported that was in fact a Ward I resident.  A meeting of the Election Board was held and Calhoun was disqualified.

Election officials claimed that it was too late to change the electronic ballot and proceeded along with the election.  Election night, early numbers showed Strother with a clear lead, when suddenly things changed. By the time the votes were all counted, Calhoun had garnered 259 votes. The decision was made to throw out all of Calhoun’s votes. “I was blindsided when they said they were going to throw her votes away,” said Strother.

Strother could have just shrugged and walked away, but there were factors at play that made her decide to dig in and fight.

In a 2,400 word report distributed to reporters at Monday’s press conference, there were many allegations made to what are described as “irregularities” in the voting process.  One allegation, which the Journal also received from Ward II voters, regarded signs.  According to state law, signs must be place prominently to inform voters that a candidate is no longer a valid selection.  However, voters in one precinct report that the sign regarding Calhoun was located on an exit door.  In another precinct, the sign was reportedly placed on a bulletin board full of papers having nothing to do with the election.

Ward II voter Robin Goodson says she didn’t see anything at her precinct.  “I did not see anything saying she was not a candidate. The room you vote in at the church on Palmyra is a very small room and I don’t see how I could have missed it,” she said.

Still other allegations stem from an unusual number of absentee votes cast at Jackson Heights precinct.  The report states that Hines received a staggering 102 votes by absentee ballot, 62 of them mailed in, at Jackson Heights.  These are far fewer than the total he received at Palmyra Road Methodist Church (17), Phoebe Educational Building (7), or at Albany Middle School (14).  In fact, the totals of all absentee votes at these three (39) are far fewer than the absentee ballots filed in person at Jackson Heights.

The percentage of votes by absentee ballot is also rather lopsided.  Palmyra Road Methodist Church totaled just 3.8 percent, Phoebe Educational Building totaled 3.31 percent, and Albany Middle School totaled 4.04 percent of their votes coming from absentee ballots.  Compare that to Jackson Heights 7.93 percent.

So what can be done to make this right? As far as Strother and Calhoun are concerned, a runoff between Strother and Hines is the only option. “You can’t just throw away 259 people’s votes,” Calhoun said.  “It’s not her fault,” Calhoun went on to say. “They took our rights away.”

“I’m asking for a runoff,” Strother said.  When reporters asked about Calhoun’s place in Strother’s challenge, Strother replied, “Cheryl’s backing me.”

“1 million percent,” Calhoun followed up.

Calhoun and Strother weren’t the only ones taking issue with the race.  Also at the press conference was Ward II resident Johnny L. “Rabbitman” Williams, who had harsh words for the Elections Board. “Something’s wrong with the officials running this election.”

Williams also attests that he didn’t see a sign regarding Calhoun no longer being a valid candidate. When a reporter asked him when he first learned Calhoun had been disqualified, Williams responded “I learned it from reading the Herald, the next day.”

“These people are constantly making mistakes,” Williams said.  He too asked for a runoff election to settle the matter. “I’m questioning the Civil Rights Act,” Williams said about votes being discounted.

Calhoun believes that there were more mistakes in this election than just the Ward I race. “Even Ward I wasn’t fair because I wanted to run. I deserve a chance to run,” she said.

Also at play in the report are the 55 votes cast for Calhoun prior to her disqualification.  While it is uncertain who those voters would have backed, the fact remains that they voted for a valid candidate for the Ward II race at the time, only to have their votes be thrown out without cause.

Strother and Calhoun will meet again at the Government Center on Wednesday at 4:00 pm.  The Albany Journal will be there as well.  Look for details on our website (http://thealbanyjournal.com) to find out more.

Former Ward II candidate Cheryl Calhoun  stands behind one-time opponent Melissa Strother as a show of support as Strother speaks with reporter outside the Government Center to outline problems with the election process.

Several citizens spoke out, as did Ward II candidate Melissa Strother, mayoral candidate B.J. Fletcher, and former Ward II candidate Cheryl Calhoun.  The results of their efforts? Nothing.

From the beginning, county attorney Spencer Lee made it clear that the board saw this ordeal culminating in legal action, and seemed to welcome the action.  “I think that it [legal action] should be done, the board thinks it should be done, and the community thinks it should be done,” he told a standing room only crowd at the Government Center earlier this afternoon.

Lee seemed willing to concede the facts, as reported, are correct.  “No one can disagree with the fact,” he said. “No one denies that a mistake was made.”

However, many of the speakers wanted answers that the board refused to give.

Johnny Williams, who spoke at Strother’s press conference earlier this week, was the first to speak.  “I have great concerns,” he said.  He noted that Calhoun did nothing wrong, saying, “Ms Calhoun did not cause this, officials caused this.”

Williams placed the blame squarely on the elections board and the elections office. “Officials made a mistake, and I haven’t heard officials say them made a mistake.”

Next to speak was B.J. Fletcher, who started by saying, “I have respect for the process.”  She then asked, “How did this happen?”  The elections board, as well as Lee, began the first of several times claiming that this would all come out in court.  She then asked if it would happen again, and was told that while it may happen again, it wouldn’t be intentional.

“I’ve tried to stay out of this because I respect the system,” Fletcher continued, saying “this community is healing, but this community feels it has been wronged.”

Melissa Strother spoke next, outlining events that lead to her filing to run for the Ward II race.  She claims that, after learning of Calhoun’s disqualification, that she asked elections supervisor Ginger Nickerson what would happen with Calhoun’s votes from early voting.  Strother reports that she was told that those votes would be thrown out.  She was also told that it was to late to change the ballot that signs would be placed at precincts to tell voters that Calhoun was no longer a valid candidate.

Strother then recounted events on election night, when WALB had interviewed her giving an acceptance speech as she had been leading the race.  She says she recieved a phone call saying she needed to come to the elections office. “I knew it wasn’t good,” she recalled.  It was there that she was told it would go to a runoff election, and then the situation changed and Ivey Hines was declared the winner.

“I’m not trying to blame anyone for the original mistake.  We’re all human,” Strother said.

A woman who referred to herself as “Miss Mary” said, “I didn’t see no signs,” regarding claims from the election office that signs were prominently placed at precincts.  “Y’all need to go on and make this right,” she later declared.

Another Ward II resident, Anne Mitchell, says that she voted at Palmyra Road Methodist Church. She said,  “there was not a sign prominently displayed that Cheryl Calhoun was removed from the ballot.”

She furthered her thoughts, saying “Something’s going on.”

The next Ward II resident to speak was William G. Livingston.  He argued that several issues needed to be addressed.  He took particular care to mention “negligence regarding where people live.”

Cheryl Calhoun stood up to speak, still somewhat emotional after the events over the last month.  She pulled out two voter registration cards, one saying she was in Ward II, and another saying she was in Ward I.  “You say this is a computer error, but how am I supposed to know if that was right?” she asked.  Calhoun continued to speak about the confusion for just herself and her neighbors, who the elections office had also erroneously listed as being in Ward II.

Calhoun then went on to outline her cause as to how the laws on the books are inadequate.  “You come with a law that doesn’t apply to me, because I’m innocent.”  Calhoun noted that the laws on the books that were used to disqualify her are written with the belief that the mistake is because of the candidate and not election officials.  “I am an innocent woman,” she declared.

She then said, “I just want the board to have integrity, and we will get our city back.”

After Calhoun was finished, Melissa Strother asked a question of the board.  She stated her understanding that the Secretary of State’s office gave the County Election Board authority over this matter, and if they were deferring that over to the courts she would like it on the record.  The question was given over to Spencer Lee, who said that he would have to research that but that at this point there “is a process”, again citing pending legal action.  Strother asked if her would research that and get back to her, when Lee interrupted, holding up his hands saying “I’m not going to argue.”  He then said, “You’ve got your own lawyer.”

The pertinent part of the meeting adjourned, and Strother spoke to the press.  She said, “The board of electiosn has the jurisdiction to do the right thing, but based on Spender Lee’s response, they are deferring to the courts.”  She went on to say that it would cost taxpayers thousands of dollars to settle this in court.

Strother has five days after the election is certified to file a complaint.  The election was certified yesterday afternoon at 1 pm.

Former Ward II candidate, and current mayoral candidate Dorothy Hubbard has issued a statement regarding the ongoing battle over her former city commission seat. In an email sent to The Albany Journal, Hubbar said the following:

The ward 2 race and subsequent unrest regarding the results is unfortunate.

This is a unique situation to be resolved through the legal process.   I imagine in the history of elections similar situations have occurred.  The election was certified at 1:00pm today. As former commissioner of Ward 2, I wish only for a swift and just resolution. Our constituents of Ward II have been without representation since August 30^th.  I have built relationships with the citizens in this, the most diverse ward in Albany.  It is a microcosm of the city with all kinds of people – young/old, retired, international, black, white, male/female, all economic statuses and both sides of the river.

We have to let the legal process take its course for the benefit of the entire city.  Let us all be in agreement on that.

Dorothy Hubbard

Ivey Hines, a pastor, was originally declared the winner of the Ward II race for Hubbard’s former seat, but his opponent Melissa Strother has issued a report outlining what she describes as “irregularities” in the election process and has vowed to file a formal complaint.

They say that “Hell hath no fury like a woman scorned.”  If that’s true, then the Dougherty County Elections Board had better watch out, because there are two women who feel scorned.

At a press conference, both Melissa Strother and Cheryl Calhoun argued that the Ward II election shouldn’t be over yet. “We want your voice to be heard, and that hasn’t happened with this election,” Strother told reporters outside the Government Center as she laid out her case that the Ward II contest should be held as a runoff.

The Ward II situation started back in August, when the elections office told Calhoun that she was ineligible to challenge John Howard for his Ward I seat since she actually lived in Ward II.  After lengthy discussions, Calhoun and her husband Randall finally relented and qualified for the seat Dorothy Hubbard vacated in her efforts to be Albany’s next mayor.  Then, just weeks before the election, it was discovered that Calhoun does indeed live in Ward I.

Last Tuesday, there was allegedly a great deal of confusion as Calhoun’s name still appeared on the ballot despite media reports that she was no longer qualified.  Calhoun reports that some Ward II voters told her that they voted for her because her name was on the ballot, apparently believing that reports of her disqualification were in error.

Strother, on election night, recounts how she was in the lead for most of the night.  It was then decided that Calhoun’s votes would not count at all, and Ivey Hines declared the winner.  “I was blindsided when they said they were going to throw her votes away,” Strother said.

Below is the full text of a report distributed by Strother regarding what she calls “irregularities” in the election.

Albany Election Irregularities Report

November 8, 2011 Municipal Election

 

 

OUTLINE

 

       I.            Statement

    II.            Principal Irregularities

1. A.    Error in Illegally Placing Candidate Cheryl Calhoun on Ward 2 Ballot
2. B.     Failure to Allow Candidate Cheryl Calhoun to Participate in the Ward 1 Race
3. C.    Failure to Postpone the Ward 2 Election Due to the Dougherty County Elections Office’s Erroneous Placement of a Candidate in the Race
4. D.    Extraordinary Number of Votes Cast for Disqualified Candidate Cheryl Calhoun
   1. 1.     Failure to Remove Cheryl Calhoun’s Name From the Electronic Ballot
   2. 2.     Failure to Publish Legal Notices and Advertisements Announcing the Disqualification of Candidate Cheryl Calhoun
   3. 3.     Failure to Provide an Opportunity to Allow Voters Who

Cast Votes for Candidate Cheryl Calhoun Before the Disqualification to Participate in the Election

1. 4.     Failure to Prominently Place Signage at the Voting Stations and Otherwise Notify Voters of Cheryl Calhoun’s Disqualification from the Ward 2 race
2. 5.     Inaccurate Information on Precinct Signage Regarding Cheryl Calhoun’s Disqualification
3. E.     Extraordinary Number of Absentee Ballots cast in the Jackson Heights Precinct for Ward 2 Candidate Ivey Hines.

 III.            Petition to Contest

 IV.            Public Records Request

 

 

 

 

 

 

 

 

 

I. Statement

 

This report is presented to the Dougherty County Voter Registration and Elections Department, the Dougherty County Board of Elections, the Albany City Commission, the Georgia Secretary of State’s Office, other agencies as necessary, and to the general public with the utmost of respect.

 

The goals in pursuing this matter are: to achieve a fair outcome for all candidates in the November 8, 2011 City of Albany municipal election, including but not limited to Cheryl Calhoun, Ivey Hines and Melissa Strother; to ensure that all rules and laws were followed pertaining to the execution of elections; and to ensure that Constitutional rights are candidates and voters are upheld. All citizens should have equal rights and abilities to pursue candidacy for public office and all citizens should have equal ability to participate as voters and to have their votes counted. In the case of the November 8 City of Albany municipal election, candidates’ rights and voters’ rights were abridged.

 

A deliberate effort is made within this report to: list only the most relevant, definitive irregularities; list the irregularities in order of chronology and/or significance; and refrain from listing all irregularities associated with the election. Information regarding irregularities not listed in this report is available upon request.

 

II. Principal Irregularities

 

A. Error in Placing Candidate Cheryl Calhoun in Ward 2 Race

 

On Monday, Aug. 29, 2011, Cheryl Calhoun was the first candidate to attempt to qualify for the Albany City Commission seat representing Ward 1, where she lives. She was wrongfully denied an opportunity to seek that office. She was erroneously told that she lived in Ward 2 and the Dougherty County Voter Registration and Elections Department refused to allow Calhoun to enter the Ward 1 race in spite of being strongly encouraged by Calhoun to review the ward map. This wasn’t a situation in which the answer wasn’t easily determinable. Clearly, Calhoun lives east of the dividing line, Maple Street. Despite her objections, Calhoun was forced to qualify as a candidate for the Ward 2 seat, a position that she could not legally hold.

 

B. Failure to Allow Candidate Cheryl Calhoun to Participate in the Ward 1 Race

 

On Oct. 25, 2011, eight days after advance voting and absentee voting had begun, the Dougherty County Voter Registration and Elections Department was convinced to publicly reveal its blunder. It was one thing to make an error in putting Calhoun on the Ward 2 ballot; it was another, more deliberate victimization of a citizen’s right to seek public office by not postponing the Ward 1 election and putting Calhoun on that ballot. This decision was a deliberate choice to not to safeguard the integrity of the election for City Commissioner of Ward 1.

 

C. Failure to Postpone the Ward 2 Election Due to the Dougherty County Elections Office’s Erroneous Placement of a Candidate in the Race

 

Regarding the Ward 2 election, because balloting had begun on October 17, 2011 and Cheryl Calhoun undoubtedly had received some votes, the most prudent course of action would have been to postpone the election so that candidates Ivey Hines and Melissa Strother would have an equal opportunity to solicit and obtain support for their campaigns. However, rather than ensuring that a fair election for Ward 2 City Commissioner was held, a choice was made to jeopardize the election’s outcome by continuing with the Ward 2 election on Nov. 8 as scheduled.

 

D. Extraordinary Number of Votes Cast for Disqualified Candidate Cheryl Calhoun

 

It can be argued that election results may not have to be discarded if the errors and/or fraud that occur in the execution of elections have no potential of jeopardizing the election’s outcome. In the case of the Ward 2 election, the election’s integrity and outcome were undeniably jeopardized by the Elections Office’s blunder and the additional irregularities previously and subsequently described in this report.

 

Calhoun received 19.03 percent of the vote – 259 votes in all. Many of those votes were cast before Calhoun was disqualified; many more of those votes were cast by voters who were not aware that Calhoun had been disqualified; and even more were cast by people who were aware that Calhoun had been disqualified, but thought the decision was reversed because Calhoun’s name remained on the ballot. (Evidence of this statement is being provided as a supplement to this report.)

 

Following is a list of irregularities that directly resulted in the extraordinary number of votes cast for Calhoun, the candidate placed on the Ward 2 ballot against her will and who could have never legally served in the position.

 

1. Failure to Remove Cheryl Calhoun’s Name from the Electronic Ballot

 

O.C.G.A. 21-2-134 states: “If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate.” Instead of directly addressing its blunder by removing Calhoun’s name from the electronic ballot, and in spite of how simply it would have been to do so, the Dougherty County Voter Registration and Elections Department continued to list Calhoun as a legitimate candidate for Ward 2 throughout advance voting and for the entirety of Election Day. (Indeed, Calhoun’s name was the first name on the ballot.) This decision directly resulted in many voters selecting an erroneously placed candidate for public office who could have never legally served in the position.

 

2. Failure to Publish Legal Notices and Advertisements Announcing the Disqualification of Candidate Cheryl Calhoun

 

Another obvious response to the Dougherty County Voter Registration and Elections Department’s blunder being revealed after advance voting and absentee voting had begun should have been to publish legal advertisements and otherwise dutifully notify the public of what happened. This was deliberately not done. Indeed, an accurate ballot was not published in the community’s legal organ and there was no notification to the public of Cheryl Calhoun’s disqualification among the free avenues of communication regularly used by Dougherty County government, including in the city-county newsletter, on the city-county website, or on the city-county government access station.

 

3. Failure to Provide an Opportunity to Allow Voters Who Cast Votes for Calhoun Before the Disqualification to Participate in the Election

 

When the Election’s Office’s blunder was revealed, a routine course of action to ensure that everyone had a fair opportunity to participate in the election should have been to notify citizens who had early voted and those who had absentee voted of the unfortunate scenario at hand. Those voters should have been provided an opportunity to choose directly between Ivey Hines and Melissa Strother. They were deliberately not given that opportunity, a decision by the Dougherty County Voter Registration and Elections Department that directly jeopardized the election’s outcome. Indeed, as it turned out, 55 votes were cast by Calhoun via absentee ballot. That number in itself obliterated the election’s integrity, as Ivey Hines defeated Melissa Strother by only 44 votes.

 

4. Failure to Prominently Place Signage at the Voting Stations and Otherwise Notify Voters of Cheryl Calhoun’s Disqualification from the Ward 2 race
Georgia election law makes specific provisions for election officials to follow when candidates withdraw from political races after any ballots have printed. In those cases (which wasn’t the case in this scenario because candidate Cheryl Calhoun didn’t withdraw – she was erroneously put on the ballot and then disqualified), elections officials are to prominently display signage explaining what happened.

 

To ensure that all voters see the signage, the prominently displayed signage should be posted – among other places — at the entryway to the precincts for all voters to see and again at each polling station. In this case, neither was done.  In at least one precinct, no signage was posted at all. In at least one other precinct, an 8.5-inch-by-11-inch notice was posted for voters to see as they exited the precinct. No signs were posted at polling stations.

 

5. Inaccurate Information on Precinct Signage Regarding Cheryl Calhoun’s Disqualification

 

A notice posted at one polling station, and perhaps others, inaccurately stated that Calhoun withdrew from the Ward 2 race. She, of course, didn’t withdraw. Indeed, she sought to be a Ward 1 candidate and was illegally denied that opportunity.

 

O.C.G.A. 21-2-522(1) & (5) states that the standard of review for elections was succinctly outlined by the Georgia Supreme Court: “An election will not be invalidated unless the party contesting the election demonstrates an irregularity or illegality sufficient to change or place in doubt the result. To carry that burden, the challenger must show a specific number of illegal or irregular ballots — and that number must be sufficient to cast doubt on the result of the election.”

 

Clearly, the burden is carried as outlined above and in the extraordinary number of absentee ballots cast in the Jackson Heights precinct for Ward 2 candidate Ivey Hines and mayoral candidate John White.

 

E. Extraordinary Number of Absentee Ballots cast in the Jackson Heights Precinct for Ward 2 Candidate Ivey Hines

 

Another critical red flag is blatant in this election: the casting of absentee ballots in the Jackson Heights precinct – particularly by mail — in favor of Ward 2 candidate Hines. Considering the outcome of the election via advance voting and election-day voting, the outcome of the absentee balloting was so astonishingly in favor of Hines, particularly those cast by mail, that a review of the absentee ballot applications and interviews of those who voted via absentee ballot are warranted.
Here are some numbers pertaining to absentee ballots cast in the four Ward 2 election precincts:

 

• Ivey Hines received an astonishing 102 absentee votes in the Jackson Heights Elementary School precinct; of those, 62 were by mail.
• 29 percent of all the 354 votes cast for Hines in the Jackson Heights precinct were by absentee ballot. In contrast, 9.9 percent (30 votes) of the 303 votes cast for Melissa Strother in her home precinct (Palmyra Road Methodist Church) were cast by absentee ballot.
• 18 percent of all votes cast for Hines in the Jackson Heights precinct were by mail-in absentee ballot. In contrast, 1.3 percent (4 votes) of all votes cast for Strother in her home precinct were cast by mail-in absentee ballot.
• 11 percent of all votes cast for Hines in the entire election were cast by mail-in absentee ballot in the Jackson Heights precinct. In contrast, 0.7 percent of all votes cast for Strother in her home precinct were by mail-in absentee ballot.
• Absentee ballots aside, Melissa Strother defeated Ivey Hines by a count of 458 (41.66 percent) to 427 (38.85 percent).
• Not counting mail-in ballots from their home precincts, Melissa Strother defeated Ivey Hines by a count of 519 to 505.

 

Notwithstanding the erroneous and illegal placement of Cheryl Calhoun on the Ward 2 ballot and the Dougherty County Voter Registration and Elections Department’s deliberate decision not to amend for its blunder as stated above, the absentee-ballot issue is disturbing and in itself jeopardizes the outcome of the Ward 2 election.

 

III. Petition to Contest

 

O.C.G.A. 21-2-522 states that elections may be contested on various grounds, including the following:

 

1. Misconduct, fraud, or irregularity by any primary or election official(s)

sufficient to change or place in doubt the results;

2. The receiving of illegal votes or the rejection of legal votes sufficient to

change or place in doubt the result of the election;

3. Any error in counting the votes or declaring the result of the primary or

election, if such error would change the result; or

4. For any other cause that shows that another was the person legally

nominated, elected, or eligible to compete in an election.

 

Further, O.C.G.A 21-2-540(c)(1)(B) specifically states that in order for a candidate to be declared a winner, a candidate must receive a majority (50 percent + 1) of the votes in order to be elected to office.

 

As such, if the election results are certified as currently published, a petition will be filed in Dougherty County Superior Court to contest the outcome of the Albany City Commission Ward 2 election on November 8, 2011 based on the grounds listed above.

 

IV. Public Records Request

 

This is a formal request made under the Georgia Open Records Act (O.C.G.A. 50-18-70) to obtain access to and permission to copy certain records from the Dougherty County Voter Registration and Elections Office.

 

Specifically, I am requesting:

1. All applications for absentee ballots cast in Ward 2 in the November 8, 2011                  election

2. A list of voters who participated in the November 8, 2011 Ward 2 election via   advance voting

3. A list of voters who participated in the November 8, 2011 Ward 2 election via   absentee ballot

4. A list of voters who participated in the November 8, 2011 Ward 2 election via   traditional election day voting.

5. A list of all citizens who assisted voters with absentee balloting in the     November 8, 2011 election.

 

I believe this information is of public interest and ask that you waive all fees and immediately provide the information, as is your practice. Indeed, before the election results are certified, I hope that you will vigorously review the public records to forensically review the election’s execution and investigate all irregularities that occurred.

 

Respectfully submitted on November 14, 2011

 

 

By:

 

 

________________________                   _________________________

Melissa Strother                                         Date

 

 

 

State of Georgia

County of Dougherty

 

This instrument was acknowledged before me on November 14, 2011, by    _________________________

Notary Public’s Signature

__________________________

[Notary's typed or printed name]

NOTARY PUBLIC FOR THE STATE OF GEORGIA

(Seal)

My commission expires:  __________________________

 

[or Notary's Stamp]

 

Loss of non-profit status, differences between cost and current value among questions

Dalewood Estates sits on the side of Willie Pitts Jr. Road, appearing for all to see as a completed development except for the missing sign.  The only hint that there’s an opportunity to rent is an obscure sign off to the corner, the type purchased at home improvement stores.  There’s no mention of who manages the property on the sign.

In another corner is a sign for Dalewood Estates and lists many of the names responsible for the development, which is supposed to help house disadvantaged seniors.  Built at a cost of just over $3.9 million, paid by the Department of Housing and Urban Development as part of its 202 program, it was supposed to be subsidized with additional HUD funds.

The property was built with 49 units and a clubhouse, by Dalewood Estates Senior Housing, Inc., a non-profit founded in 2004 for the express purposes of developing and managing the property. The deal was signed with HUD on October 30, 2007.  A stipulation of the deal was that construction would be completed by October 30 of the next year.

Today, the Dalewood Estates property sits nearly vacant.  Signs of habitation are scarce.  Only a handful of people have been seen during The Albany Journal’s investigations of the location, almost all centered around one apartment. Despite the $3.9 million spent to build the property, it was assessed by the Dougherty County Tax Assessor’s office as just $2.3 million.  That’s a variance of $1.6 million that is unaccounted for in official records obtained by The Albany Journal.  What could be the cause of this variance?  No one seems to know.

In addition, Dalewood Estates Senior Housing lost its non-profit status with the Internal Revenue Service on May 15, 2010 for three years of non-compliance of filing requirements according to the website Guidestar, which gathers and publishes information about non-profit organizations. This means that Dalewood Estates Senior Housing was failing to comply with IRS regulations at the same time as they were securing funding via HUD’s 202 program, a program that does require repayment of funds so long as the property is used for disadvantaged senior housing for a period of 40 years. Furthermore, the Dougherty County Tax Assessor’s office granted Dalewood Estates a permanent exemption on October 18, 2010, five months after the IRS revoked their non-profit status.

From its inception, the Dalewood Estates development was to be a tax exempt property, due to the company overseeing it being a non-profit.  This is normal in the State of Georgia and throughout the nation.  However, the Dougherty County Tax Assessor’s office is still listing this property as tax exempt. According to the calculator at tax assessor’s office, that’s a loss of just over $36,000 in tax revenue per year.

Another wrinkle to be found with Dalewood Estates Senior Housing can be found in the requirement that all directors on the board be either members of Trinity Community Development Corporation, or appointed by them.  Trinity Community Development Corporation is listed with the Georgia Secretary of State’s office as being “administratively dissolved”, effective August 28, 2011. As Dalewood Estates Senior Housing’s articles of incorporation are written, no new board members can be brought on board even if Dalewood still enjoyed the IRS non-profit status.

The Secretary of State’s office lists Dalewood as “Active/Noncompliance” meaning that they’re in danger of losing incorporation status in Georgia as well.  State Secretary of State status has no impact on IRS status.

So why do they still have a tax exempt status?  In an email reply to The Albany Journal’s question to that effect, chief appraiser Larry Thomas said it “is currently in the exemption review process for 2011. Their federal tax exempt status was automatically revoked in May 2010 and posted in June 2011by IRS. Georgia’s assessment date is January 1of any year, the property did not qualify for a Georgia property tax exemption as of January 1, 2011. The property is scheduled to be taken to the Board of Tax Assessors on November 22, 2011 for the removal of its Georgia property tax exempt status for 2011. In order to receive this exempt status for 2012 they would have to submit a new application and re-qualify for the 2012 tax year.”

After almost $4 million being spent, the citizens of Albany now have a project that appears for all the world to be completed but still seems to have no residents despite the onslaught of similar projects in town that fill up almost as soon as they are completed.  There is little evidence of management, and with Dalewood Estates Senior Housing’s status in flux, it’s entirely possible that the citizens of Dougherty County will not only not see a dime of tax money paid on this property, but will find their government in control of yet another housing project.