The Rockdale elections board will turn to the courts to sort out the legality of its meetings and whether the board is currently allowed to take actions other than choosing a third member.
The board's legal authority came into question when Democratic party appointed member Garvin Haynes claimed that the board could not legally operate, with the exception of appointing a third member during the August meeting. The term of the current third member, Cary Bond, expired in July. Bond is continuing in the position until the third member is chosen.
At the onset of Wednesday's Board of Elections meeting, Bond, Haynes, and Republican party appointed member Lynn Brown went into an executive session "to discuss personnel and possible litigation issues." The meeting included the board's attorney Terry Massey was appointed by the county attorney as the board's legal counsel during the Sept. 6 meeting.
After an hour, five minutes of closed-door discussion, the board came back into regular meeting.
Massey explained he would file for declaratory judgment to Rockdale County Superior Court.
According to Massey, the declaratory judgment will allow the Superior Court judge to issue his "judicial opinion about the authority of the Board of Elections to act, as well as the authority of Mr. Cary Bond."
With elections upcoming, Massey will look to have the judgment expedited after petitioning for it on Thursday morning.
With Haynes believing any actions made by the board are not legal, he abstained from all decisions made Wednesday.
"I don't have the legal ability to vote on any issues on the board at this time," Haynes said.
Among those issues was moving November's meeting from the 11th to the 17th. The meeting was pushed back to allow the Board of Commissioners to vote on adding a special election for Sunday alcohol sales to the March 5 primary elections.
The BOC will hold a town hall meeting on Nov. 1 and then vote on Nov. 13 whether or not to add the Sunday alcohol sales question to the ballot.