Handel v. Powell

A county homestead exemption outside of the district for which he was running for office, standing alone, was not a basis to determine the residency requirement adversely to a candidate for the Georgia Public Service Commission, District 4.

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Appellant Karen Handel is the Secretary of State of Georgia. On June 9, 2008, the Secretary filed a challenge to the qualifications of James R. Powell, who had filed a declaration of candidacy and affidavit to be a candidate for Georgia Public Service Commission, District 4. OCGA § 21-2-5. The Secretary asserted that candidate Powell did not reside in the district he seeks to represent, leaving for resolution whether the candidate will have resided in the district for twelve months prior to election to that office, as is statutorily required by OCGA § 46-2-1 b. While “domicile” and “residence” have different meanings, with “domicile” denoting a permanent place of abode and “residence” not necessarily being permanent Avery v. Bower , 170 Ga. 202 2 152 SE 239 1930 “There must be a concurrence of actual residence and the intention to remain, to acquire a domicile”, the residency requirement for a candidate for, or holder of, public office refers to domicile. Clark v. Hammock , 228 Ga. 157 2a 184 SE2d 581 1971. See also Dozier v. Baker , 283 Ga. 543 1 661 SE2d 543

2008. OCGA § 21-2-217 a sets out fifteen rules to be followed, so far as they are applicable, in determining the residency of a person desiring to qualify to run for elective office, and OCGA § 21-2-2 32 defines “residence” as used in Chapter 2 of Title 21, as meaning “domicile.”

Handel v. Powell

A county homestead exemption outside of the district for which he was running for office, standing alone, was not a basis to determine the residency requirement adversely to a candidate for the Georgia Public Service Commission, District 4.

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