At least one of the two candidates ousted by Fayette elections officials from running for the Fayette County School Board might get a reprieve, judging from the reaction of the judge who heard the appeal cases Thursday afternoon.

Kay Seabolt, the school system’s long-time math coordinator, challenged the decision of the election board to disqualify her because she worked for the school system at the time she swore her oath of candidacy. Her attorney argued that the law merely forbids her from working for the school board once she assumes office, if elected, and she no longer plans to work for the school board.

County attorney Dennis Davenport, representing the election board, argued that another code section requires her to file the oath and attest that at that very moment she is eligible to hold office, meaning that Seabolt couldn’t be employed by the school board at that moment.

Fayette County Superior Court Judge Tommy Hankinson said he could understand why a person would not be allowed to hold the office and maintain employment on the school board, but he didn’t understand why the legislature would forbid school employees from seeking election to the school board. Without an answer to that question, the hearing ended with the momentum in Seabolt’s favor.

The picture wasn’t as rosy for current school board member Greg Powers, who was disqualified as a candidate by the election board after it determined that he no longer lived in the district for the Post 4 seat he currently occupies.

Powers claims he still lives in the home, but one of his comments at the elections board hearing may be the deciding factor. When asked if he planned to remain in his Antebellum Way home in Fayetteville — which is in the Post 4 district — for all four years of the term, Powers said he did not plan to do so. He has also built a house in Brooks, which is outside of the Post 4 district.

Hankinson said that Powers’ Fayetteville residence could not be considered his domicile because he does not envision remaining there for the time being, which is a requirement to determine one’s domicile under Georgia law.

Attorney Chris Ramig, who represented both Seabolt and Powers, said that Powers’ Antebellum Way home was his domicile under Georgia law “because that’s where his stuff is.”

The elections board’s decision was supported by testimony from several of Powers’ neighbors who said he no longer lived at the Antebellum Way home. Powers has said he spends the night at both the Fayetteville and Brooks residences depending on what his work schedule is and where he needs to be the next morning.

Hankinson said he realized the urgency for both parties since the election was coming up soon. He said he hoped to issue a ruling by the end of the day Friday, but the order was not available by press time late Friday afternoon.

The elections board is also seeking direction from the court as to how it might word a notice to voters should either or both of the candidates disqualification be upheld by the court. That’s because voters would need to know which of the candidates was disqualified because none of the votes for that candidate would be counted officially, elections officials said.

The elections board hopes to have a notice that will be posted at each precinct and perhaps a notice that could be mailed out to persons who have sought absentee ballots.

Both the Post 4 and Post 5 seats are at-large meaning that all registered voters in Fayette County will be able to select a candidate in each race.

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