Wherever an elected official has been designated the elections superintendent, there has been the perception that this individual could in some way influence the outcome of an election to benefit himself /herself, a political party, or to prevent someone he/she didn’t like from being elected. The reality is completely different. In my time as a poll manager, I never heard either Judge Donald “Hoppy” Royston or Judge Cody Cross pressure poll workers to deviate in any way from their duties required by law under The Georgia Election Code. But the perception of interference by an elected official persists. So why not eliminate the possibility that it could happen?
Recently, the elections superintendent, probate judge Cody Cross, and chief registrar Tracy Dean, requested that a board of elections and registration be created to assume their combined responsibilities. Responding to that request, the BOC drafted a resolution, which would create such a board. The proposed board would consist of three members, two of whom would be chosen from lists provided by the major political parties (to be approved or rejected by the BOC). The remaining member of the board (according to the resolution) “shall be selected by the Board of Commissioners of Madison County, and this member shall be the chairperson of the board.”
Two hearings were called to receive public input on the resolution, resulting in some changes to the original proposal. However, one issue not addressed at the public hearings, but discussed during the BOC meeting of December 27, 2012 was the hiring and firing of the chairperson. Upon recommendations from Judge Cross, Tracy Dean and others in attendance, the BOC voted unanimously to change the wording of the proposal and make the Madison County Grand Jury the recommending body and the superior court judge the appointing authority thereby eliminating the BOC’s influence over the elections and registration board. This is the way the current chief registrar and her staff have been appointed since 2004.
The Madison County Grand Jury is comprised of from 16 to 23 citizens, selected at random by computer, and impaneled for a six-month period to serve when needed by the judge of the superior court.
During the BOC meeting of Jan. 7, the previous unanimous vote was reversed and a new vote taken, which changed the proposal to now read: “The chairperson shall be appointed by the senior judge in time of service, upon the recommendation of the Madison County Board of Commissioners,” again putting control of the election process in the hands of elected politicians. This is the version that will soon be sent to the Georgia General Assembly for their approval as required by the Constitution of Georgia.
The following is included in Section 5 of the BOC’s proposal and is applicable whether control of the board is vested in the BOC or the chairperson of the board: “Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.”
If you believe, as I do, that the board of elections and registration should be autonomous, free from political influence or interference, and that the grand jury should be the recommending authority for selecting the chairperson and staffing the proposed board of elections and registration office and not the BOC, you need to contact your district commissioner to inform him of your concerns or attend the BOC work session to be held in the government building at 9 a.m., Jan. 25, 2013, where the first item on the agenda will be “To consider amended resolution for board of elections and resolutions.”
Sincerely,
Leo Smith
