Court rules Powell can stay on ballot

ATLANTA --- The Georgia Supreme Court ruled Thursday that Democrat Jim Powell's name can remain on the November ballot in a unanimous decision that concluded Georgia elections officials "committed an error of law" by disqualifying him.

Mr. Powell argued Republican Georgia Secretary of State Karen Handel was playing "dirty politics at its worst" when she disqualified him from his bid for a Public Service Commission seat. He was blocked days before the July primary on grounds that he didn't meet his district's residency requirements.

Mr. Powell owns a home in Towns County, which is in the district, but Ms. Handel said she disqualified him after discovering he received a homestead exemption and mail at a Cobb County residence outside the district.

The court's eight-page ruling found that Ms. Handel had failed to apply all 15 rules for determining a candidate's legal residence. The justices sided with a lower court that found Ms. Handel's decision didn't consider seven other rules that bolstered Mr. Powell's case.

"We agree with the superior court that the Secretary committed an error of law that authorizes reversal of the secretary's decision," read the opinion, written by Justice Robert Benham.

Ms. Handel said in a statement the ruling leaves state officials with "no clear standard" to evaluate residency requirements.

"Unfortunately, this ruling paves the way for an avalanche of residency claims during future candidate qualifying periods, and may even affect residency determinations in other areas, such as voter registration."

Mr. Powell, who is on a statewide campaign tour with other Democrats, said he was relieved by the decision.

"I'm pleased to have that distraction behind me," he said. "It's been a distraction, but I'm trying not to think about that and to focus on the election."

Mr. Powell is seeking an open seat against Republican Lauren "Bubba" McDonald, a former commissioner. The commission, which regulates Georgia utilities, requires a statewide election for a north Georgia seat.

A judge allowed Mr. Powell's name to remain on the ballot for the primary, and he easily notched a victory. In August, a Fulton County judge ruled that Mr. Powell's name can stay on the ballot for Tuesday's election.

In a surprising move, though, Ms. Handel appealed the judge's ruling to Georgia's top court.

In arguments last week, state lawyers said the homestead exemption Mr. Powell received was "sufficient" to prove he didn't meet residency standards.

Mr. Powell's attorney countered that his client has clearly demonstrated he intends to live in the Towns County home, and accused Mr. Handel of ignoring other facts.