Complaint filed over special election

At least one complaint has been filed with the Sumter County Elections office and has been forwarded to the Secretary of State’s Office for investigation. Clifford D. Tatum, Assistant Director of Legal Affairs, with the Secretary of State Elections Division, confirmed earlier this week that a complaint has been filed about an occurrence at the Victory Worship Church polling place during the September 19, 2006, Special Election held in Sumter County.

In a letter to Ratliff dated September 22, the complainant states of something that occurred while the polls were open from 7 a.m. - 7 p.m. on September 19 (Special Election day) at the Victory Worship polling place. “It has been brought to my attention by a responsible and reliable source that a person entered the voting precinct while the polls were open in the area of the voting machines and other areas upon which she might not have been authorized.

“The poll manager should have advised her not to enter the area, but she took pictures, flashing her camera, and maybe could have even frightened citizens by taking their picture while they were voting. This is of great concern to me that an unauthorized person was allowed in the voting precinct. She could have easily tampered with the voting machines by removing or replacing memory cards. It is a shame that some people in our community would stoop this low to intimidate poll workers and try to throw an election.

“I am not sure that anything she did affected the outcome of this election, but it could have. If a criminal violation has occurred then she should be prosecuted. When asked the identity of the person, the complainant told the Americus Sumter Observer: Genie Collins, a news reporter with the Americus Times Recorder.

The Secretary of State’s Office is also conducting a similar investigation into complaints filed by County Commission elect Randy Howard and poll manager Addie Owens Bryant that NAACP President Dr. John Marshall and Executive Board member James L. Bryant Jr. tampered with the July 18 Primary Election. The results of that investigation have not yet been made public.

---

Justice Dept. rejects racist’s attempt to remove Cook

Southwest Georgian

For those who had doubts about the importance of the Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 ("Voting Rights Act") this should be convincing.  The Act has provided a major victory for the voters of Randolph County.  In a recent letter from Wan J. Kim, Assistant Attorney General, U. S. Department of Justice, Civil Rights Division to Randolph County Attorney Tommy Coleman, the Justice Department rejected an attempt by a group of whites in Randolph to change the district lines there by preventing Randolph County Board of Education Chairman Henry Cook from being reelected.

In his letter to Coleman, Mr. Kim stated:  "We have carefully considered the information you have provided, as well as information and materials from other interested parties.  Under Section 5 of the Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 ("Voting Rights Act"), the Attorney General must determine whether the submitting authority has met its burden of showing that the proposed change "neither has the purpose nor will have the effect" of denying or abridging the right to vote on account of race.  As discussed further below, we cannot conclude that the County has sustained its burden of showing that this proposed change does not have a discriminatory purpose.  Therefore, based on the information available to us, we are compelled to object to the proposed reassignment on behalf of the Attorney General."

The letter further states:  "Notwithstanding these court decisions, and despite the lack of any change in relevant facts of law, in January 2006 the three-member Randolph County Board of Registrars met in a special meeting called for the sole purpose of determining anew the proper voter registration location of Mr. Cook and his family members living at his address.  Neither Mr. Cook nor his family were specifically notified of the meeting or invited to present evidence on their own behalf.  The Board of Registrars, all of whose members were white, voted unanimously to change the voter registration status of Mr. Cook and his family member from District 5, where over 70 percent of the voters are African American, to District 4 where over 70 percent of the voters are white.   This sequence of events is procedurally and substantively unusual."

Attorney Maurice Luther King, Jr. who represents Mr. Cook said, "I congratulate Mr. Cook on the victory.  However I hope those Black people in Randolph, Dougherty, Terrell, Calhoun and other counties in the region will see this as a reason to vote and will stop saying their vote does not count.  I hope they will ask themselves, if their vote did not count, why would these racist white folks go to this length to remove Mr. Cook?"  King continued, "Because these racist white people don't believe Black people respect their right to vote they will continue their racist maneuvers, thinking Blacks are too docile to fight for justice."

Mr. Henry Cook said, "Tommy Coleman and Randolph County Commission Chairman Evan Simmons were attempting to deny the citizens of Randolph County effective Black leadership.  This is not just a victory for me but for the citizens of Randolph County, especially for our children."

All the schools in the Randolph County System met adequate yearly progress (APY) under Mr. Cook's leadership.

---

Paschal:the only Black to vote against Elks

City council members Lorenzo Johnson and Eddie Rhea Walker, both black, tried to convince the council to discuss or come up with other solutions, short of taking away the club’s license to serve alcohol.

Both voted against the revocation.

“I just voted my conscious,” Johnson said.

Councilwoman Eloise Pascal was the only black to vote for the revocation. The Elks members and the local NAACP were critical of Paschal’s vote.

“She is a black person who never seems to vote in the interest of blacks. She has been terrorizing the black community every since she was a librarian in the school system,” said Dr. John Marshall, president of the local National Association for the Advancement of Colored People.

The license is revoked indefinitely, but can be reinstated at any time. But Elks Lodge officials said it was unclear if they would ever try to obtain the license again.

“It’s just too much trouble,” the Elks official said.

Proprietors who run a night club out of a local lodge said their business will continue to operate, although hip hop nights will likely be removed.

The Elks Lodge at North Jackson Street had its alcohol license revoked by the Americus City Council in August after a shooting that occurred there, which left three people injured and one dead.

“We will still remain open, anytime people want to come,” said an owner of the club who did not want to be named. He said the club will no longer schedule the famous "DJ Terminator” who brought huge hip hop crowds that were the source of most of the trouble at the lodge.

The age requirement will now be 25 and the club will operate more on a private basis.

“You have to remember, we are not a club, we are a private lodge,” said the official, citing a law that allows members to bring alcohol to a priave lodge.

Police Chief James Green could not be reached for comments by the Americus Times Recorder. But he said in Americus Times Recorder that the July 23 death of Dekeldric Thornton, 19, follows years of trouble at the North Jackson Street establishment. He said he has asked Elks members during the last two years to rectify several problems at the club including the failure to report crimes, a lack of security, and underage consumption of alcohol.

Green added the Elks Lodge already has been on probation twice. But the Elks official said they never received any warning. They added they also were upset because the shooting did not happen on their property and the individuals involved were not from Sumter County.

“We don’t think it’s fair,” the official said.

The Elks Lodge cut through a black section of Americus and has been open for about 50 years, officials said. The Elks is one of the largest fraternal organizations in the city.

Case Against Election Board Transferred to Superior Court

A criminal arrest warrant hearing against Sumter County Election Board members including Election supervisor Sherry Ratliff for violating the Georgia Open Records Act, has been transferred to Superior Court.

In a transfer order letter to James L. Bryant, Jr. applicant for the warrant, Chief Magistrate Judge Shirley Duke said her court lacks jurisdiction to hear the case.

According to Judge Duke, "Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court.

"With all due respect, I believe Judge Duke might have made an error in judgment about her court not having jurisdiction to hear this case," Bryant said. "The law codes she recited in her letter simply do not apply to this case. When did Sherry Ratliff become a peace officer, law enforcement officer, teacher, or school administrator?

"It's amazing how she had the jurisdiction to sign the warrant to arrest Chief Superior Court Judge Rucker Smith, but somehow doesn't have the jurisdiction to even hear a case to determine if Sherry Ratliff and the Election Board possibly broke the law. A warrant doesn't mean a person is guilty or not guilty, it only means enough evidence exists that a crime may have been committed."

Dr. John Marshall, President of the local NAACP said, "I respect all three of our Superior Court judges and regardless of who sits on the bench when our case is called, I believe they will apply the law and do the right thing which is to issue a warrant."