November election called for Towns County Sheriff

The qualifying fee for sheriff is $1,927.66, and candidate qualifying packets should be available for pickup by the end of this week.

Henderson resigned from office on Aug. 24 as part of a plea agreement regarding two criminal cases, causing a vacancy in the position and setting up the need to elect a new sheriff to complete the two-plus years remaining in his term.

The Elections Board held emergency meetings on Aug. 26 and Aug. 27 to address this need, ultimately deciding to hold a Special Election alongside the statewide General Election this November.

So, when voters head to the polls this fall, they will receive a single ballot that contains races for federal and state offices, the county SPLOST continuation referendum, and candidates for Towns County Sheriff.

The Nov. 3 Special Election will result in the selection of the next county sheriff. However, if more than two candidates qualify next week, there is a possibility that the Special Election will have to go to a Dec. 1 runoff should any single candidate fail to earn more than 50% of the vote.

But now, at least, Dec. 1 will be the latest residents might have to wait to return an elected sheriff to the Towns County Sheriff’s Office.

In deciding their course of action last week, members of the Towns County Board of Elections & Registration were facing two options: either hold a primary election in November to be followed by a special election next year; or call a single election to choose a winning candidate this year.

And the clock was ticking to decide, as the board needed to give proper notice for candidates to qualify while meeting impending ballot deadlines. Fortunately, the state has been working with local election officials due to the extraordinary circumstances surrounding the situation.

During deliberations, the board expressed its intent to provide voters the chance to elect their next sheriff as soon as possible, especially given the uncertainty and negative community impacts of the prolonged legal issues that have plagued the office of sheriff since last year.

Calling a single election would have certainly been the swiftest route, but in reviewing the state laws that govern special elections and primaries, the statutes weren’t exactly clear on the matter at hand.

Special primaries to select political party candidates are required if “a vacancy occurs in a partisan office to which the Governor is authorized to appoint an individual to serve until the next general election.”

County sheriff is such an office. In fact, Gov. Brian Kemp appointed the interim sheriff after two of Henderson’s four suspensions, and last Wednesday, guidance from the Secretary of State’s Office had the board leaning in the direction of holding a primary.

So, in the Aug. 26 emergency meeting, the board decided to call a special primary on Nov. 3 and a follow-up special election in the spring in an effort to err on the side of caution and avoid any potential legal challenges regarding the election for sheriff.

But on Aug. 27, board members reconvened and voted to rescind their decision from the day before, resolving instead to call a single election for sheriff to take place in November with the belief that the new direction was in the best interest of the public.

The board revisited its initial decision and changed course for two main reasons: board members had started hearing public feedback desiring a quicker election process, and they also received additional guidance from the Secretary of State’s Office that clarified their options.

In a follow-up phone call that took place during the Aug. 27 emergency meeting, the state revised its guidance to say that either election option was acceptable, particularly because the interim sheriff was appointed most recently by Towns County Probate, not the governor.

After receiving the updated guidance, facilitated by legal counsel from County Attorney Robb Kiker, the board unanimously opted to go with the quicker election process.

Per state law, voters are advised that all qualified sheriff candidates will be listed in alphabetical order on the ballot, and candidates will have the choice of whether to designate a political party affiliation at the time of qualifying.

The deadline to register to vote in the Special Election is Oct. 5.

Advance in-person voting will begin Oct. 13 and end on Oct. 30, including Saturday voting on Oct. 17 and Oct. 24. Early voting hours will be 9 a.m. to 5 p.m.

As usual, polls will be open from 7 a.m. to 7 p.m. on Election Day. Should a runoff election be required, such runoff will be held on Dec. 1, as mentioned above.

The Towns County Board of Elections & Registration is comprised of the following members: Board Chair John Clemens, John Bennett, Anna Denton, Sheila McDevitt and Charlotte Sleczkowski. Rachel Edwards serves as Elections Supervisor and Chief Registrar.