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Roswell city council candidate Tracy Hanley withdrew from the election after her surname was challenged by Roswell resident and former council candidate Lee Fleck.
Letter challenging city council candidate Tracy Hanley 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]
Feb. 6 2017
38 Hill Street
City of Roswell, Ga 30075
Mrs. Marlee Press,
I wish to formally challenge Tracy Hanley 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 Tracy Hanley 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. Hanley has failed to do.
On the affidavit filed by Tracy “Hanley” to run in the special election on March 21, 2017, she states that her legal name is Tracy Hanley and that her name is to appear on the ballot as Tracy Hanley. Her voter registration card is in the name of Tracy Lynn Rescigno, Registration number 04091381.
February 8, 2017
Via Federal Express
Roswell, Georgia 30075
Dear Ms. Hanley:
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. Also enclosed is the other information that Mr. Fleck has brought forward although it is not mentioned as part of his challenge.
Per O.C.G. A. § 21-2-6 a hearing will be set for Wednesday, February 15, 2017 at 9:30 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
Modern Spirit. Southern Soul.
From: Marlee Press <email@example.com>
Date: Tue, Feb 14, 2017 at 5:24 PM
To: Lee Fleck <firstname.lastname@example.org>
Due to Tracy Hanley withdrawing as a candidate for the Roswell City Council as of today, February 14, 2017, the 9:30 a.m. hearing has been cancelled.
Marlee Press, City Clerk
City of Roswell
Wednesday, February 15, 2017 at 1:00pm
A few months ago, I decided to run for the Roswell City Council. I love our city, and I wanted to make a contribution on many of the important issues and challenges we are facing. I have spent a great deal of time going door-to-door, and have had the opportunity to speak to hundreds of our citizens about the issues that matter to them. Speaking and working with those wonderful people has been the highlight of this experience for me.
I was hoping that this could be a positive campaign, one focused on the issues that Roswell voters care about. Unfortunately, it has become clear that some of my political opponents intend to try to take advantage of the fact that - like many people whose marriages have not worked out - I have been involved in divorce and custody proceedings. Rather than focusing on public policy issues that matter to Roswell, those individuals have decided to inject issues from my personal life into this campaign. Their decision to do that necessarily means that personal issues involving the lives of my three young children, and my family generally, will become fodder for negative campaigning. It would not be fair to them for me to allow that to occur.
In these circumstances, I have reluctantly concluded that the time is not right for me to continue as a candidate for Roswell City Council. I have therefore withdrawn my candidacy.
I fully intend to remain actively involved in our city, and to do everything I can to continue to serve our citizens. I am very grateful to the many hundreds of people, including my campaign team and volunteers, who have supported me during this process.
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