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Politics & Government

Gonzalez Asks Governor To Hold Special District Attorney Election

Philip Ashford announces he will run in a special election on Nov. 3 for the vacancy on the Oconee County Board of Commissioners.

Philip Ashford
Philip Ashford (Philip Ashford/Lee Becker)

Atlanta attorney Adam M. Sparks last week sent a letter to Gov. Brian Kemp on behalf of Athens Attorney Deborah Gonzalez urging Kemp to appoint a District Attorney for the Western Judicial Circuit before May 3, thus assuring that an election for the open District Attorney office will be held on Nov. 3.

Sparks, with the law firm of Krevolin & Horst, told Kemp that β€œWaiting beyond May 3 would deprive voters and candidates alike of their First Amendment rights” under the U.S. Constitution.

The District Attorney office became open when Ken Mauldin stepped down unexpectedly effective Feb. 29, putting in Kemp’s hands a decision on a replacement. If Kemp appoints someone after May 3, no election will be held for the spot until 2022. The Western Judicial Circuit consists of Oconee and Clarke counties.

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Sparkes notes that the procedures specifying how a vacant District Attorney position is filled are not set in the Georgia Constitution but rather are based on a statute passed in 2018 that, in Sparkes’ words, β€œimpinges on the constitutional rights of voters and of potential candidates for the office of district attorney throughout Georgia.”

β€œMs. Gonzalez does not want to litigate this matter, the likely constitutional infirmities of the statutory scheme notwithstanding,” Sparks said.

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β€œEven so, she reserves all options at her disposal should the anticipated election not occur due to delay in exercising the Governor’s vested appointment power,” Sparkes wrote.

If Kemp makes the appointment on or before the May 3 deadline, a special election would be held on Nov. 3. Gonzalez and acting District Attorney Brian Patterson have declared their intent to run, both as Democrats.

Oconee County also will hold a nonprimaried special election on Nov. 3 to fill the vacancy on the Board of Commissioners created with the death of Post 3 Commissioner William β€œBubber” Wilkes.

Philip Ashford, a local realtor and business owner, announced this week his intent to run for that seat as a Republican. Former banking executive Amrey Harden has declared his intent to qualify as a Republican as well.

For more on this story, please go to Oconee County Observations.

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