Ellison: Demorest recall applications “insufficient”

Habersham County Election Supervisor Laurel Ellison has rejected recall applications submitted by a group of Demorest citizens seeking to remove two city councilmen from office.

In a late Friday email, Ellison said the applications to recall Nathan Davis and John Hendrix are “insufficient.” She pointed to three errors on the applications, one of which resulted in the rejection of dozens of names.

Ellison threw out 35 names on the recall application for Nathan Davis and 32 names on Hendrix’s application because notary Wendi C. Henslee signed the applications as a voter and then notarized them. A copy of the Recall Act of 1989 which Ellison provided to Now Habersham clearly states “No notary public may sign the application as an elector.”

The group needed 100 verified signatures on both applications to proceed with the recall effort. Davis’ recall application wound up with 79 and Hendrix’s recall application had 81, according to Ellison.

Ellison also noted two other errors on the applications. She says the chairperson did not print their name on the application and the pages were not “bound and numbered” as required by law. However, Ellison states that, on the advice of the county attorney, she decided to proceed with the review of the applications “notwithstanding the violations of the mandatory code provisions.”

Ellison also noted two other errors on the applications. She says the chairperson did not print their name on the application and the pages were not “bound and numbered” as required by law. However, Ellison states that, on the advice of the county attorney, she decided to proceed with the review of the applications “notwithstanding the violations of the mandatory code provisions.”

Recall Act of 1989

Neither local nor state election officials offered any guidance to the recall committee in how to proceed with the recall. Ellison says she did provide the committee with a copy of the Recall Act of 1989 “for their instructions for the recall.” Throughout the process, she deferred all questions regarding the recall to that specific code.

Habersham County Elections Supervisor Laurel Ellison with Secretary of State Brad Raffensperger at the Habersham Elections Office on Oct. 17, 2019. (Daniel Purcell/Now Habersham)

 

Recall committee member Florence Wikle was unaware of Ellison’s ruling on the recall applications when Now Habersham contacted her Friday evening for comment. Her first reaction was, “I don’t believe that.” An incredulous Wikle, who has worked with other Demorest residents for months to get rid of the two freshmen councilmen, says she plans to meet with Ellison Monday to discuss her decision.

Wikle did not say whether the group will request another application. They have the legal right to do so. According to the Recall Act, “there is no limit on rejected applications for recall petition.” If an actual petition fails, then sponsors must wait six months before pursuing another one.

This marks the fourth time in two years that recall efforts have stalled in Demorest. A separate group called Concerned Citizens of Demorest twice initiated, then halted, attempts to recall Mayor Rick Austin.