Attorney for James Williams: House 151 eligibility issue about partisan politics, race

ALBANY — The attorney representing would-be Democratic State House District 151 challenger James Williams said due process issues should be addressed before the state conducts a hearing Wednesday on Williams’ eligibility to run for the seat currently held by state Rep. Gerald Greene, R-Cuthbert.

Albany attorney Maurice King told The Albany Herald the issue of Williams’ eligibility due to residency concerns should have been addressed by the local Board of Elections before the issue was referred to the Office of State Administrative Hearings by Secretary of State Brian Kemp’s office.

“Mr. Williams has not heard a word from the local Elections Board, and that’s where this process (of determining his eligibility) should have originated,” King said. “It is my understanding that, after Gerald Greene challenged Mr. Williams’ residency, the secretary of state’s office called Dougherty County and told elections officials here to change Mr. Williams’ voting district to 154.

“Our local board should have had the opportunity to give Mr. Williams notice about the issue and to hold a hearing to determine his eligibility. But Mr. Williams hasn’t heard a word from the local elections office.”

A staff member in the elections office said Thursday that Dougherty Elections Supervisor Ginger Nickerson would not be back into that office until Monday.

The controversy surrounding Williams’ eligibility surfaced when Greene, who has served in the state House of Representatives for 33 years, challenged the former Albany police officer’s eligibility based on his residency. Greene contends 2011 redistricting moved Williams’ Shady Glen Lane home out of District 151 and into District 154.

With Greene’s challenge, a furor has mounted among state Democrats, many citing race and partisan politics as the impetus for the hearing scheduled for Wednesday to determine Williams’ eligibility. Greene is the only GOP House member in the state representing a majority African-American district.

House Minority Whip Carolyn Hugley, a Columbus Democrat, said, “James Williams qualified in good faith for office in the district where he votes and lives, based on information provided to him by the secretary of state. He is a retired law enforcement officer with deep ties in several of the counties that comprise this district. Now he may be deprived of the right to run to represent his community, and the voters in House District 151 may be deprived of the right to select a candidate of their choice.

“The secretary of state is responsible for maintaining the voter file — blaming anyone else is just an admission he is not doing his job. This is an issue of basic fairness — he broke it and now he needs to fix it.”

Michael Smith, the communications director for the Democratic Party of Georgia, offered the following timeline associated with Williams’ attempt to qualify for the 151 seat:

March 7: James R. Williams qualifies as candidate for House District 151;

March 11: Candidate qualifying closed at noon;

March 14: Rep. Gerald Greene sends residency challenge to Secretary of State via email;

March 15: Secretary of State Chief of Staff David Dove responds to Rep. Greene via email and asks Secretary of State staff to file challenge;

March 21: Benjamin Martin, elections attorney for the Secretary of State, issues James Williams a notice of challenge via first-class mail;

March 22: James Williams receives call from Benjamin Martin, notifying Williams of challenge, sends Williams notice of challenge via email;

March 24: James Williams requests hearing;

March 30: Democratic Party of Georgia reaches out to Secretary of State Kemp, opens dialogue with Kemp and Attorney General Sam Olens;

April 1: Cris Correia from the AG’s office informs DPG general counsel that the Secretary of State will not agree to allowing Williams to run in HD 151, nor will the office re-open qualifying;

April 13: Office of State Administration hearing set for this date at 9:30 a.m.

“On Aug. 23, 2011, the state Legislature passed HB 1EX (state House lines), signed on Aug. 24, and pre-cleared on Dec. 23,” Smith said in an email to The Herald. “On Feb. 23, 2012, the state Legislature passed and the Governor signed HB 829 (adjusting state House lines), which was pre-cleared on May 11. House District 151 covers portions of Calhoun, Clay, Dougherty, Early, Quitman, Randolph, Stewart, Terrell and Webster Counties and is a majority African American district (53 percent).

“African American and Democratic candidate James R. Williams resides and is registered to vote at 112 Shady Glen Lane in Dougherty County. Since the district lines went into effect in 2012, Mr. Williams and his neighbors on Shady Glen Lane have cast ballots for candidates in House District 151. Mr. Williams’ official voting card indicates that he is indeed in HD 151 and votes at Precinct 07, Darton College.”

Smith indicated some after-the-fact changes were made once Williams qualified for the House District 151 race.

“As of his qualifying for office on March 7, Mr. Williams was designated as residing in House District 151 by the Secretary of State’s voter file,” Smith wrote. “Qualifying ended on March 11. It appears that the secretary of state has updated the voter file some time after the qualifying period. A quick check on the SoS’s My Voter Page site (MVP.SOS.GA.GOV) now identifies Mr. Williams as residing in House District 154.

“Individuals who inquired with the local board of elections in Dougherty County relayed that the district lines may have been changed on or near March 18. However, records held by the Democratic Party of Georgia received from the Secretary of State’s office clearly indicate that Mr. Williams resides in HD 151.”

King, meanwhile, said the issue has become one of fairness.

“It is our position that Mr. Williams legally lives in HD 151,” the attorney said. “We feel because he is a strong black candidate in a predominantly African-American district, he is seen as a threat to the state’s Republicans. Yes, partisan politics is an issue in this, but race is an issue as well. Anytime something like this comes up, it’s never about race. Everyone seems to have a thousand different reasons other than race.

“I don’t know if we’ll be at that hearing in Atlanta Wednesday. If there is any kind of hearing on this matter, it should be held here, in Dougherty County. But the bottom line is that Mr. Williams lives in House District 151 and he should be qualified as a candidate in the district.”