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Winder judge to hear Eugene Moon's election complaint

POSTED: September 12, 2012 11:59 p.m.

Eugene Moon

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A judge from Winder will hear a Hall County candidate’s complaint against the Board of Elections next week.

Eugene Moon, who challenged Billy Powell, an incumbent member of the Hall County Board of Commissioners in the July primary, has asked that the results from that election be thrown out.

Moon, represented by attorney Dan Summer, is asking the court to “find that this election is so defective” and call for a second vote.

Moon has also asked that the court require Hall County Elections Director Charlotte Sosebee to present a map that shows which voters cast ballots for each district. Moon wants Sosebee to submit the map and the coinciding racial demographics to the U.S. Department of Justice for clearance.

The case has been expedited because of the nature of the allegations, Hall County Attorney Bill Blalock said Wednesday.

Due to potential conflicts, Blalock is not representing the county in the case. Instead, Ron Bennett, with the Buford-based firm Carothers and Mitchell, will represent the board of elections.

Likewise, judges in Hall County’s Superior Court have disqualified themselves from hearing the case. Judge Robert W. Adamson of Winder has been assigned to the case.

Adamson will hold the first hearing on the case Monday at 10 a.m. in Hall County Superior Court, in courtroom number 1, Hall County Court Administrator Reggie Forrester said.

Moon’s suit stems from the July 31 Republican primary for two district posts on the Hall County Board of Commissioners.

In that election, Moon challenged Powell for the District 2 post.

The results tabulated by the Hall County Elections Office left Powell with 51.6 percent of the vote and Moon with 48.4 percent, a difference of just 235 votes.

In an election for the District 4 post, Jeff Stowe defeated incumbent Ashley Bell with 57.6 percent of the vote.

Moon’s suit includes sworn statements from four voters who say they believe the wrong district lines were used. One voter who said he is a Gillsville resident said he voted in the District 4 primary.

In addition to the lawsuit, state elections officials have been investigating at least one incident on July 27 in which a voter received the wrong ballot.

As of Wednesday, Bennett had not filed an answer to Moon’s lawsuit. Neither he nor Summer could be reached for comment.


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