Oconee County Superior Court Judge Lisa Lott on Monday dismissed a lawsuit seeking to force the Oconee County Board of Elections and Registration to stop registering voters and seeking to force the Board to hold a hearing on a challenge to the registration of 228 persons on the voting rolls.
Lott issued her ruling dismissing the lawsuit filed by Suzannah Heimel after a 50-minute hearing that focused on requests for dismissal by Oconee County resident Susan Noakes and Common Cause Georgia and by Oconee County itself.
The challenge to the 228 voters was made in July by Victoria Cruz. The Board of Elections and Registration dismissed the challenges of all but two of the names due to a lack of probable cause.
The Board of Elections and Registration has called a special meeting on Oct. 24 to hold a hearing on an additional challenge of the registration of Oconee County voters.
Attorneys for Noakes and Common Cause Georgia have counter sued the Oconee County Board of Elections and Registration asking Lott to prohibit that Oct. 24 challenge.
Lott has scheduled a hearing for 2 p.m. on Oct. 21 on that request.
Lott’s Ruling
Lott said she was granting the motions to dismiss for six reasons.
 |
| Lott Addressing Heimel (Back To Camera) 10/7/2024 |
First, the “writ of mandamus is actually asking the Board of Elections to refrain from doing something that they have to do by law,” namely register voters, she said.
Second, she said, “voter registration ends today, so the issue is actually moot.”
“The third point the Court is making is this,” Lott said. “It is not within this Court’s discretion to tell the county how to conduct a discretionary matter.” The county argued that the Board had some discretion in how it handled registration challenges.
“The plaintiff does not have a legal right to the relief that she seeks,” Lott said as her fourth point. “The Board of Elections has no clear, manifest, mandatory duty under the law to satisfy plaintiff’s argument on the submitted challenges.”
“The relief requested is beyond the scope of the legal relief sought,” Lott said, making her fifth point.
“Any challenges to how the Board of Elections is performing its duties under the law must be addressed by the State Election Board,” Lott said, in her sixth justification for her decision to dismiss Heimel’s requests.
Lott had said before issuing her ruling that it was based “on a matter of law. It is not a matter of what we feel correct, what some people may feel is incorrect, or anything of that nature.”
Background On Heimel’s Request
Heimel, an officer in Conservatives of Northeast Georgia, is running for Post 1 on the Board of Commissioners on the Nov. 5 ballot.
She qualified as a Democrat, but she has not been active in the Democratic Party and is not being supported by the Democratic Party.
Incumbent Post 1 Commissioner Mark Thomas is the Republican Party nominee on the Nov. 5 ballot.
Heimel filed her application for a writ of mandamus on Sept. 4, naming as defendants Sharon Gregg, Director of the Board of Elections and Registration for Oconee County, and Jay Hanley, Chair of the Oconee County Board of Elections and Registration.
Heimel said she wants the Board of Elections and Registration “to cease and desist registering voters until the Board conducts the required hearings for the challenged voters they received notice of July 19, 2024.”
On Aug. 6, the Board dismissed the challenges of all but two of the 228 names submitted by Cruz, citing a lack of probable cause.
After holding a hearing on Aug. 15 on the two voters, the Board voted to remove both names from the list.
Heimel filed a motion on Sept. 12 asking the Court for an emergency injunction to declare the actions taken by the Board on Aug. 6 to be “null and void.”
Monday’s Hearing
More than 20 people were in Courtroom 2 in the Oconee County Courthouse in Watkinsville on Monday afternoon as Judge Lott began the hearing.
Lott asked Heimel if she was represented by an attorney, and Heimel said she was representing herself.
Ryan Germany of the Atlanta Law Firm of Gilbert, Harrell, Sumerford, and Martin said he was representing the county, at the request of County Attorney Daniel Haygood.
Lott said that a motion to intervene had been filed on Oct. 4 on behalf of Noakes and Common Cause Georgia.
Lott next recognized Courtney O’Donnell from the Southern Poverty Law Center, who said she was representing Common Cause Georgia and Noakes.
Caitlin May from the ACLU said she was representing Noakes.
Anthony Morris and Jeremy Burnett from the Atlanta law firm of Akerman said they were representing both Noakes and Common Cause Georgia.
Motion To Intervene
Lott began the hearing with the request by Noakes and Common Cause Georgia to intervene in the case.
O’Donnell said Noakes was a citizen of the county with an interest in voter registration and Common Cause Georgia also has a focus on voting rights.
Heimel, when given a chance to respond, objected to Germany representing the county and to the attorneys representing Noakes and Common Cause, saying she had not been given adequate notification of their involvement in the case.
Germany did not object to the intervention by Noakes and Common Cause.
Lott granted the motion to intervene on behalf of Noakes and Common Cause Georgia.
Hearing On Heimel’s Request
Lott next turned to the motions before the court.
 |
| Heimel And Cruz (Back To Camera) 10/7/2024 |
Heimel responded by saying she wanted to call two witnesses, whom she did not identify.
Lott said she wanted to address the motion to dismiss before hearing witnesses.
Germany said the Court should dismiss the case “purely on the pleas.”
Heimel’s request for a writ of mandamus–which is to require someone to do something they are not doing–is inappropriate, he said.
“Yes, of course, the county is continuing to register new voters,” he said. “That’s required by law.”
Attorney May, supporting Germany’s request for dismissal, said Heimel’s request for hearings on the 228 challenged voters is not consistent with current Georgia law.
O’Donnell said she “adopted” the arguments May made on behalf of Noakes for Common Cause Georgia as well.
At that point, Lott said she wanted to recess the court.
Next Hearing
When Judge Lott returned from the recess, she said she was dismissing the requests of Heimel for the six reasons listed above.
She then turned to scheduling a hearing on the cross claim by O’Donnell seeking a temporary restraining order against the county to prevent it from holding its hearing on Oct. 24.
Lott asked Heimel if she would agree to hold the hearing at 2 p.m. on Oct. 21.
“Am I still a part of this now that it’s been dismissed?” she asked.
“I can’t give you any legal advice,” Lott responded.
“I have dismissed your petition,” Lott said. “The counter claims and cross claims have been served to you as well, so as far as I’m concerned, you are still a part of this.”
“And I certainly am including you in the scheduling matter,” she added.
Video
The video below is of the entire hearing before Judge Lott on Oct. 7, 2024.
The arguments on the motion to intervene are at 2:21 in the video.
Arguments on the requests for dismissal of Heimel’s suit begins at 26:18.
Judge Lott recessed the court at 51:52 in the video.
Judge Lott issued her ruling at 52:23.
5 comments:
LOL
I don't mean to single out Ms. Heimel because this lawsuit is just the latest in a series of local, state and national efforts to bypass legally sanctioned voting procedures. Like all the others this has been a waste of time, money and effort.
Darn ... I was looking forward to hearing from her "witnesses"
Just a reminder. I will only publish comments with a full, real name.
Thanks.
Lee
Another “solution “ in search of a problem. Such a waste of time and money.
Linda Ford
Post a Comment