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Wednesday, July 21, 2004
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Judge refuses to act in vote photo caseBy JOHN THOMPSON
Fayette County Superior Court Judge Paschal English refused Monday to issue a temporary restraining order that would guarantee The Citizens photographer access to the countys election office and polling places during Tuesdays election. The incident leading to Mondays court decision started last Friday when county election official Carolyn Combs refused to let a reporter take pictures of the line of people waiting to cast their ballots in advance voting. They told me they were protecting the privacy of the voters, said reporter john Munford. Citizen publisher Cal Beverly contacted the newspapers attorney, Don Johnson, to try and get the issue resolved Friday, but there were no judges available all Friday afternoon to hear the case despite Johnsons plea that time was of the essence. The newspaper filed a civil action against Fayette County for the countys actions in refusing to allow photographs inside the election office Friday. In the complaint, The Citizen asked for a declaratory judgment and also a temporary restraining order and a permanent order restraining Fayette County from interfering with The Citizens efforts to cover Tuesdays election. But English said that the issue of allowing pictures at the elections office was a moot point because advance voting ended Friday. English also said during the hearing that he did not think the county would interfere with the medias access to the voting process and said a judge would be available in case any complaints occurred. In the brief supporting the lawsuit, attorney Johnson cited several code sections backing the press and publics right to observe the voting process, including the tabulations of the ballots after the polls close. All proceedings at the tabulating center and precincts shall be open to the view of the public, reads the Official Code of Georgia, Section 21-2-267. Johnson told English how during the last election the office where the votes were being tabulated was out of the public view, which clearly violated the law. He also cited sections that disputed the countys authority to have reporters expelled from rooms where voting was being conducted. Johnson also disputed the claim the issue was moot, because he said The Citizen has every intention of taking pictures at polling places and election offices in the future. The county attorney did offer a special dispensation for The Citizen to be in the election office during election night tabulation (which occurred after press time last night). I dont want special dispensation because if they grant a special dispensation, that means they could take it away, said Citizen publisher Cal Beverly. The Citizen is still seeking a judicial ruling affirming the publics right of access to the polling and tabulating process and is appealing Englishs ruling to the Georgia Court of Appeals. No date had been set at press time for the appellate hearing. |
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2004-Fayette Publishing, Inc.
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