Citizen to file lawsuit over ‘election violations’

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Staff Writer
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Friday, September 10. 2010
Comments (21)
Banks County resident Bobby Caudell plans to file a federal lawsuit on voter right act violations he believes occurred during this past year. He is seeking to have the election held again.

Caudell said the July election for the district one and four seats on the Banks County Board of Commissioners were listed as “post” instead of “district” on the ballot.

“If you are going to do it in districts, do it,” he said. “If it isn’t right, get it right.”

The July ballot listed the Post 1 candidates as Rickey Cain, Danny Maxwell and Sam Moon, and the Post 3 candidates as Sammy Reece and Keith Segars. Caudell points out these BOC seats are now district seats and should have been listed as such on the ballot.

“There is no doubt that the election was done wrong,” Caudell said. “We’ve elected two commissioners to posts that don’t exist. They should have been elected to districts.”

In the past, the Post 1 seat was the chairman’s seat so Caudell feels listing the District 1 commissioner seat as Post 1 may have been confusing to some voters.

In November 2009, an election for the other two BOC seats listed them both as district seats.

OTHER CONCERNS

Caudell also has concerns with the district map that was created when the BOC changed to a five-member board, as well as the legislation on the change of government. He believes both the map and legislation should be redone.

As for the district map, Caudell says the district lines were drawn according to where the voter precincts are located and not according to population.

“They tried to rush it through,” he said of the district map. “They did it too quickly. They were just drawn for convenience.”
As for the legislation creating the five-member board, Caudell says it is not being followed, including a requirement that the vice chairman be elected each January and requirements on who can sign county checks.

“They are just running it any way they want,” Caudell said of the county government. “People are signing things without legal authority.”

Caudell also says his research shows that the new bill was not submitted to the Department of Justice for approval in the time line that is required.

“They haven’t abided by it,” Caudell said of the legislation. “It’s just a mess…It’s just not right. We’ve lost our rules of law in the judicial system. No one calls anyone’s hand on things anymore.”
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#1 Please WASTE our money! on 09/10/10 at 07:29 PM [Reply]
This is CRAZY. If you want to waste everyone's money and not just your own then please file this insane lawsuit. Otherwise, just admit your canidate got beat by his competitor, and save this money for everyone else. The system is fair. There are no waited votes for winning any district and everyones vote is counted one by one. Please accept defeat and move on.
#1.1 LEGALEAGLE on 09/14/10 at 08:20 PM [Reply]
FINALLY!!!!!!!! Someone is holding Banks County Government accountable for their underhanded illegally run system!!It is time that the BOC is held accountable for its actions. I hope every one read and understands Angela's piece in the opinion section a few weeks ago. This particular group have members that believe they are "untouchable" legally. To the individual "please waste our money" let me give you a news flash ~ the crooked dealings of your current board are what is going to end up costing the county money, AND LOTS OF IT!!! MARCH ON MR. CAUDELL AND MAY YOU BE COMMENDED FOR MAKING A STAND!
#1.2 j.lyons on 09/17/10 at 07:16 AM [Reply]
OK i haven't lived here long enough to know the good ole boy network issue you speak of...but from the outside i don't see any benefit to anyone to rehash this election on anymore circumstance than this hanging chad controversy....so post or district...ah...the people who voted surely knew the names of who they were voting for...saying this can be confusing is just saying the people in my Post/district are morons....there is an ol saying Mr.Caudell...Choose the dragons you can slay....another Don Quixote we need in this county not!!!!!
#2 JPatrick on 09/12/10 at 03:46 PM [Reply]
Maybe Banks County should hold a special election to the citizens of Banks County to inquire if they were confused about "Post" versus "District".

Mr. Caudell, you are an idiot and seemingly a pitiful person trying to make money from something that doesn't appear to be bothering anyone else. Get a life.
#3 jamie caudell on 09/14/10 at 08:59 AM [Reply]
jpatrick let me let you in on something. first of my father is not an idiot and far from pitiful. you need to keep you lame comments to yourself instead of posting them on the internet. you say he needs to get a life how bout you grow up and stop being a child. you know this is whats wrong with banks county to many people in this county not standing up for something however lame or stupid it seems. they just sit back and let things go. it aint about who got beat its about doing things right. im proud of my father and everything he stands for and has done because hes done a lot more with his so called non-existing life then u or anyone else has. so get over it. you and noone else who reads this article can do a thing about it.
#3.1 Anonymous on 09/14/10 at 11:40 AM [Reply]
This is just a poorly written blind defense of a family member. While well intentioned, there is zero substance concerning the issue at hand. Just a display of emotion. Sometimes the truth hurts.
#3.1.1 jamie caudell on 09/14/10 at 01:05 PM [Reply]
and exactly what part of mr patricks comment was on the issue at hand? none! and what part of his comment was the truth? Do u "anonymous" know anything about my dad because if i read it right all he done was slander my dads name. thats a fact u can even google the word if you need to. yes while it is a display of emotion on my fathers behalf, no one likes to have a family members name drug through the mud, i also stand behind my dad everything he does. and another fact i want to lay out. IF ur gonna post a comment attacking someone dont be a coward post your name. dont hide behind the "anonymous"
#3.1.1.1 Anonymous on 09/14/10 at 02:21 PM [Reply]
Umm...the reference to the difference between "post" and "district". Did you even read this, or did you just bow up when you saw it was negative toward you dad?

And what would posting my name change about the facts at hand? With the good ole boy system in Banks County the only purpose this would serve would be letting these guys know whose A$$ to kick. Posting my name has absolutely nothing to do with the facts other than they can be freely stated without fear of retribution.
#3.1.1.1.1 jamie caudell on 09/14/10 at 03:03 PM [Reply]
so because he posted "post and district" in his comment made the entire thing about the issue at hand. Obviously i struck a nerve with calling u a coward! no its the simple thing of if you are going to open your mouth and comment on something AT LEAST have the guts to post a name. that was my point on that. people want to make comments and voice their opinions on things but yet are unable to take credit for it by simply posting it anonymously for fear of retribution. and further more you must have not read the whole thing because the comments towards my dad were after the "Post and district" comment so yes "anonymous" i did read the whole thing.
#3.1.1.1.1.1 Anonymous on 09/15/10 at 08:38 AM [Reply]
So you're saying there would be retribution? That's my point exactly. The good ole boy system still has a lot of pull in this area, although it is now a little less since certain commissioners didn't get reelected. We all know that no one would be bringing a lawsuit in this if Rickey Cain had won. This is just grasping at straws at this point.
#3.1.1.1.2 jamie caudell on 09/14/10 at 03:49 PM [Reply]
My whole point of the anonymous comment "anonymous" comment is this, u obviously didn't like me callin u a coward and attacking your character. So how did u put "the truth hurts" this is my truth towards u. Before u make that comment towards someone take into account what truths u may learn about yourself. My father is a loyal upstanding person of banks county but because he doesn't agree with something the way it was done and intends to hopefully make it right his character is attacked which is not right by any means
#3.2 Just shaking my head on 09/14/10 at 08:32 PM [Reply]
Jamie, Let me say you are a wonderful son to defend your Dad as you have and I know he is very proud and appreciative. But, it is obvious that the people spewing the venom don't have the intelligence to understand what it is your Dad is actually doing and that is clear from their comments on here!!! So Jamie, continue to be a good son, but don't let the confused ramblings of these jealous people upset you, they certainly do not deserve your time or effort. Stand down my friend and watch the "mighty in their own minds" fall. GOD BLESS
#3.2.1 hello haha on 09/15/10 at 05:38 PM [Reply]
Jamie is his daughter not son and she is pretty i might add
#3.2.1.1 just shaking my head on 09/15/10 at 09:21 PM [Reply]
Jamie, I am so sorry for the mistaken reference. and I am sure you are a very pretty girl. Please forgive the mistake.
#4 jamie caudell on 09/14/10 at 01:47 PM [Reply]
And here is another fact for mr jpatrick if you read the very first article, which i presume u can, it CLEARLY states is seeking for elections to be held agian. No where in this article does it state that he is seeking money. Sir u really need to get your comments well organized before you post them.
#5 loving it on 09/14/10 at 04:20 PM [Reply]
This is funny to follow really. Jamie I agree with you 100% onyour comments. People don't talk about the issues anymore they automatically attack the person concerned with the issue. I think its childish and is a good judge of character on there part. Jpatricks comment was not made on the issue it was as an attack on mr caudell. I don't know him personally but have heard of him and everytrhing that I have heard has been good things. So that leads me to believe that he is not an idiot or pitiful or any other negative word there is. People have lost intrest in laws and have started doing things that benefit them. It states he is only askin for a reelection to be done no money was referenced at all. So I agree with him it should be done the way the law states
#5.1 Anonymous, but knowledgeable on 09/14/10 at 11:01 PM [Reply]
First, before you post your name, it would be wise to spell check your thoughts. This might add a little credibility to your argument! Second, would there be a lawsuit if his BFF won the election? Likely not, as most reading this know the association of the two (and their friends.) Third, there WOULD be a great deal of money involved in holding another election, which would likely bring an even greater embarrassment after this ridiculous attempt to overturn an election because of not liking the outcome. As for Jamie, yes he is YOUR father, however, it would not hurt for you to get a little organization of your thoughts before posting them also. You may bring out more on this site than is needed or wanted, as has happened many times and caused greater embarrassments.
#6 loyal Banks resident on 09/19/10 at 12:04 AM [Reply]
Mr. Caudell,
I support you 100%. The only thing I ask; do not to give up. We need good people who care to take a stand. I have attended many BOC meetings and leave every one of them shaking my head in disbelief that a county government can be run so haphazardly.

During the primary election the person I voted for did not win. That’s not the reason I would like to see the election overturned. It’s because we need to be proactive and follow the very laws WE create. If we don’t follow our own written code then what good is the Constitution?

Stating its ok to be flippant and nonchalant over verbiage is core to the problem. Trust me if this were a criminal case lawyers would be critiquing every word and detail.

Sir, you will see and hear many bad things over this issue. It will even get personal but rest soundly at night knowing you are doing the right thing. However this turns out you have my sincere appreciation for doing, the right thing.

Thank You
#6.1 Anonymous on 10/07/10 at 05:45 PM [Reply]
having been to a few of these meetings myself, where do you sit, because I see the same three people at every meeting and I'm sure you are not one of these gentleman.
#7 Anonymous on 10/01/10 at 08:59 PM [Reply]
It is sad that so many people are up in arms over this issue. Yes, I agree, that if it states in our law that we are in voting districts, rather than posts, that should be corrected for all future elections. I do think it would be a slap in the face to all Banks county tax payers to demand another election because of it. I do not think anyone was confused about who they were voting for. I do not think the voting public would appreciate paying for the very costly re-election, Mr. Caudell is asking for.
9zpax
#8 Anonymous on 10/25/10 at 10:32 AM [Reply]
Breaking news! The law suite has been filed. It required the signatures of five Banks county residents. Bobby Caudell, Pat Westmoreland, Ray Holcom, Hank Taylor and a convicted felon. All I can say about that is, they are certainly birds of a feather. I'll be very curious to see what actually gets printed in the Banks County News about this. Court case will be heard in Banks County this Wednesday, by an Atlanta judge. Sorry boys, judge Motes wont be able to help you out.
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