Winfred Giddens

MOULTRIE, Ga. — A combination of old and new laws means that Colquitt County voters in District 2 could elect a new commissioner to a four-year-term Nov. 8 — and a second to a roughly month and a half term in office the same day.

That would be the time left in the term of Commissioner Winfred Giddens following the November election. Giddens, who died on Saturday, was not seeking a third term in office at the end of his term on Dec. 31.

So if anyone qualifies and is elected on Nov. 8, he or she would sit in on one scheduled commission meeting before the person elected to the full term takes the oath of office in early January.

Republican Chris Hunnicutt and Democrat Ronald McMullen are running against one another for the four-year term.

While state rules provide for a Superior Court judge to fill an unexpired term of less than six months, any local rules that speak to that issue take precedence, Colquitt County Attorney Lester Castellow said.

And in Colquitt County, an old rule requires that an election be held, Castellow said during a Tuesday telephone interview.

Probate Court Judge Wes Lewis, whose office oversees elections, has a 10-day window to call the election, but an even bigger date is looming, Castellow said. In order to meet a relatively new federal law, the county must have its ballot finalized and sent to Kennesaw State University to have the ballot built.

Federal law requires at least a 45-day period for military members posted around the world to receive and return ballots, which is driving the rush.

“They (ballots) have to be done well ahead of time,” Castellow said. “Under federal law, ballots have to be finalized and sent to soldiers and sailors overseas so they can get their ballots back in time.”

The alternative to holding the special election in conjunction with the other Nov. 8 contests — meaning on the same ballot — would be a special election on the same date for just that race, Castellow said. That would mean special voting machines at the four precincts in District 2 that would be set up for just that contest. It would probably mean finding extra machines somewhere, as there are barely enough available for a presidential election year, and getting additional workers at the polls to cover the special election.

Under the plan formulated on Tuesday, the two-and-a-half day state period required for qualifying for a special election will be open next week — two full days on Tuesday and Wednesday and up until noon on Thursday.

The schedule agreed upon will give the county enough time to make the Friday deadline to have the completed ballot at Kennesaw State, which will build the county’s ballot for the Nov. 8 races, Castellow said.

The qualifying fee for the race is $126.

Early voting for the Nov. 8 election begins on Oct. 21.

The Military and Overseas Voter Empowerment Act was enacted in 2009, but this will be only the second presidential contest in which it will have been in effect.

Castellow said that he will suggest that county commissioners look at the current local rules.

“I’m going to make that recommendation that we look very closely at a different procedure,” he said. “Part of the reason we’re where we are is that a local act, which drives this, pre-dates some of the provisions of the modern election code.”

Probate Court Judge Wes Lewis, whose office oversees county elections, said that in order to follow the laws and ordinances currently in place he must call an election for the position. Being that an election is scheduled for Nov. 8 means the county can follow the law and not incur the costs of a special election.

“First and foremost, your thoughts go out to the (Giddens’) family, and you’re thankful for his service to the county,” Lewis said. “Not to be disrespectful to Mr. Giddens of his family, you have to follow the law. You hate that it looks like we’re trying to rush things, but we’re just trying to follow the law.”

If no one decides to qualify then no special election will be necessary, Lewis said.