NYDEO: Shelley Sears, candidate for Roswell Council 02/15/17
Posted: February 16th, 2017, 5:30 am
Letter challenging city council candidate Shelley Sears sent by Roswell resident Lee Fleck to elections superintendent Marlee Press on Monday, February 6, 2017.
[Street address redacted]
Roswell, Ga 30076
[Phone number redacted]
38 Hill Street
Roswell, Ga 30075
Mrs. Marlee Press,
I wish to formally challenge Shelley Sears as a candidate for Roswell City Council Post 4, in accordance with State code O.C.G.A. 21-2-6, which states that any voter (who is eligible to vote for the candidate) may challenge the qualifications of the candidate by filing a written complaint with the (elections) Superintendent. You have been identified as such in accordance with state code O.C.G.A 21-2-70.1 and according to the State of Georgia Senate Research office (attached).
The basis of this complaint is that Shelley Sears has violated state code O.C.G.A. 21-2-132 (f)(1) which states that when a candidate files a notice of their candidacy, they must also file an affidavit which includes, among other things, “his or her full name”. It further states that the candidate must use the surname that appears on their voter registration card, which Ms. Sears has failed to do.
On the affidavit filed by Shelly “Sears” to run in the special election on March 21, 2017, she states that her legal name is Shelley Thomas-Sears and requests that her name appear on the ballot as Shelley Sears. Her voter registration card is in the name Shelley Thomas.
February 8, 2017
Via Federal Express
Roswell, Georgia 30075
Dear Ms. Sears:
Your qualifications to seek office have been challenged by Lee Fleck. He is challenging your full name and surname based on the following:
O.C.G.A. § 21-2-132 (f)(1) states — Each candidate required by this Code section file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidate's voter registration card unless the candidate provides proof that his or her surname as it appears on the candidate's registration card is incorrect in which event the correct name shall be listed.
Attached is the document that Mr. Fleck is basing his challenge on.
Per O.C.G. A. § 21-2-6 a hearing will be set for Wednesday, February 15, 2017 at 10:30 a.m. at City Hall, 38 Hill Street, Roswell, Georgia 30075 in the Administration Conference Room for you to provide any evidence you deem appropriate regarding your name.
I have also requested the Fulton County District Attorney to investigate the accuracy and correctness of all of the facts set forth in your Notice of Candidacy and Affidavit pursuant to O.C.G.A. § 21-2-565(b). As you are aware falsifying these documents is a criminal offense.
Please feel free to contact me with any questions.
Cc: Lee Fleck
David Davidson, City Attorney
38 Hill Street
Roswell, GA 30075
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