Reversing a decision made at its meeting on Tuesday, Dec. 3, the Hall County Board of Elections voted Friday afternoon to place ESPLOST and school bond referendums for both Hall County and Gainesville schools on the March 24, 2020 ballot.
The vote to place the three questions on the Presidential Primary ballot was 4-1 with board member Craig Lutz voting no on all three requests - one for ESPLOST, one for a general bond referendum for the Hall County School District and one for a general bond referendum for the Gainesville City School System.
Hall County Attorney Bill Blalock instructed board members that the vote taken on Tuesday was improper, saying that state election law mandated the board place the questions as requested on the ballot. Board members, in a split vote, initially denied the calls for the votes because they said the March ballot would limit voter participation. Blalock said the board could not legally make that kind of judgement call.
Even with Blalock's advice, Craig Lutz, one of two Republican members on the Board of Elections, opted to vote against placement of the questions on the March 24th ballot. He chided both school boards with the timing of their request, saying that they had asked for the call of the special elections on Monday, Dec. 2 after the elections board had already finalized the agenda for Dec. 3.
"You, the school board(s) have caused this problem, not the elections board or its dedicated staff," Lutz said, reading from a prepared statement. "While the school boards, through their representation, have warned me that I'll be breaching my duty if I do not vote to approve this referendum being held on this date, I can't help but consider my oath of office and the purpose of the board, which is to ensure fair elections. Ultimately, I'm of the opinion that I cannot be forced to vote for something that I believe to be unfair to the citizens of the county."
An attorney for the school boards was present at the special called meeting, but he made no comment.
In the end, Elections Board Chairman Tom Smiley called for a voice vote on each issue. Lutz voted no on all, while Ken Cochran, David Kennedy, Gala Sheats and Smiley voted yes on all.
http://accesswdun.com/article/2019/12/857436/hall-county-elections-board-reverses-decision-places-esplost-and-school-bond-issues-on-march-ballot