NYDEO: Shelley Sears, candidate for Roswell Council 02/15/17

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Nydia Tisdale
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NYDEO: Shelley Sears, candidate for Roswell Council 02/15/17

Post by Nydia Tisdale » February 16th, 2017, 5:30 am

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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]

Elections Superintendent
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.

Respectfully submitted,

Lee Fleck

fleckforroswell@gmail.com


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February 8, 2017

Via Federal Express

Shelley Sears
[redacted]
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.

Sincerely,

Marlee Press
City Clerk

Cc: Lee Fleck
David Davidson, City Attorney

38 Hill Street
Roswell, GA 30075
www.roswellgov.com
Modern Spirit. Southern Soul.

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Roswell Council Candidate Shelley Sears, Mitch Skandalakis

Post by Nydia Tisdale » February 16th, 2017, 6:00 am



Roswell City Council candidate Shelley Sears and her attorney Mitch Skandalakis at the hearing on the challenge of her qualifications by resident Lee Fleck on Wednesday, February 15, 2017 at Roswell City Hall.

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Roswell Council candidate Shelley Sears is qualified to run

Post by Nydia Tisdale » February 16th, 2017, 6:30 am

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February 15, 2017

Via Federal Express

Shelley J. Thomas-Sears
[redacted]
Roswell, Georgia 30075

Dear Ms. Sears:

Per O.C.G.A. § 21-2-6 a hearing was held on Wednesday, February 15, 2017 at 10:30 a.m. at City Hall, 38 Hill Street, Roswell, Georgia 30075 in Room 220 in order for you to provide proof that the surname which appears on your voter registration card is incorrect.

Your qualifications were challenged by Lee Fleck based on the following:

“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 Shelley “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.”

After review of the documents you supplied: Marriage License, Qualifying Broker by the State of Georgia Real Estate Commission, Individual Income 2015 State of Georgia Tax Return, your Federal Tax Return from 2001 and 2015 and your prior affidavit dated February 2, 2017, I have determined that you have provided adequate proof that the surname on your voter registration card is incorrect and that your name on the ballot shall appear as Shelley Sears as you requested.

My ruling is that you are qualified to seek and hold the public office for which you are running for which is the unexpired term of City Council Post 4 of the Roswell Special Election on March 21, 2017.

Please feel free to contact me with any questions.

Sincerely,

Marlee Press
City Clerk

cc: Lee Fleck
David Davidson, City Attorney
Kay Love, City Administrator

38 Hill Street
Roswell, GA 30075
www.roswellgov.com

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Shelley Sears, candidate for Roswell City Council

Post by Nydia Tisdale » February 17th, 2017, 5:00 pm

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NYDEO: Shelley Sears, candidate for Roswell Council 02/28/17

Post by Nydia Tisdale » March 23rd, 2017, 10:45 am


Shelley Sears speaks during the Meet the Candidates Forum hosted by the Roswell Woman's Club at Roswell City Hall on Tuesday, February 28, 2017.

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Shelley Sears loses bid for Roswell GA City Council

Post by Nydia Tisdale » March 23rd, 2017, 10:56 am

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Shelley Sears smiles at moderator Hatcher Hurd during the Meet the Candidates Forum hosted by the Roswell Woman's Club at Roswell City Hall on Tuesday, February 28, 2017. Nydeo still by Nydia Tisdale.

Candidate Shelley Sears lost the special election for the Roswell City Council post 4 seat on March 21 with 3 percent of the vote.

Shawn Wright also lost with 14 percent of the vote.

Lori Henry and Marie Willsey both received 41 percent of the vote, with Henry winning 20 more votes than Willsey.

A runoff between Lori Henry and Marie Willsey will be held on April 18, 2017.

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