Whaley plans to Appeal to Georgia Supreme Court

BLUE RIDGE, GA – Judge Winegarden denied the first appeal on behalf of Jane Whaley and the decision to disqualify her as candidate for Blue Ridge City Council Post One.

On Friday, October, 13, 2017, an appeal hearing was held at the Fannin County Courthouse. The case was heard by Judge Richard Winegarden due to the recusal of the Superior Court Judges who serve in the Appalachian Judicial Circuit which includes Fannin County Superior Court.

City Council Post One Candidate Jane Whaley was found ineligible to run after a hearing questioning her residence was held on Monday, September 25, 2017.

Election Superintendent Barbie Gerald was tasked with this initial decision, and decided to disqualify Whaley based on evidence presented. Gerald stated in a letter explaining the decision, “Under Mrs. Whaley’s own testimony, she did not reside within the city for the 12 month period.”

Whaley publicly stated shortly after the decision, “I believe I am a legitimate candidate, and I am going to appeal this decision.”

Whaley’s attorney Frank Moore filed an appeal on the decision to disqualify Whaley reciting that Georgia is a domicile state, and under that definition intent to dwell qualifies as residency.

The hearing on October 13, began at 5:00 P.M. and lasted until 9:00 P.M. Judge Winegarden heard arguments from both sides, Moore representing on Whaley’s behalf and City Attorney David Syfan representing the decision made by Gerald.

After hearing the evidence presented, Winegarden denied the appeal. He found “that the determining of the Election Superintendent should be affirmed.”

Moore requested a stay on Winegarden’s decision at that time. This would allow Whaley’s name to continue to be on November 7, 2017, election ballots, and give time for the Georgia Supreme Court to hear the case.

Winegarden did not grant this request, but Moore is hopeful that the Georgia Supreme Court will issue a stay if granted a hearing on the appeal.

Moore is preparing a request for an appeal of the decision to the Georgia Supreme Court. He expects to have this request entered by Tuesday or Wednesday, October 17th / 18th.

Campaign signs supporting the candidacy of Jane Whaley have recently been removed from the City of Blue Ridge. Moore also sent a request that these signs be put back up while Whaley continues her appeal process.