Valdosta Daily Times

Local News

May 27, 2008

Challenge to Norton’s residency dismissed

LAKELAND — A petition challenging the residency and qualification of Lanier County Sheriff Nick Norton to run for a second term, filed by Lakeland-Lanier NAACP President Velma Calhoun, was dismissed by the group during a hearing Tuesday.

The petition was filed May 15 by Calhoun and requested that Norton be disqualified as a candidate for Sheriff based on a “recent survey” that the group claims shows that Norton’s property is within the limits of Lowndes County and not Lanier County. However, the attorney for the group stated that they did not have a recent survey, but were merely requesting that one be done.

Georgia Code requires that any candidate for Sheriff be a resident of the county in which they are qualifying, for at least two years.

Calhoun also sent a letter to Election Superintendent, Judy Mullis, requesting an investigation into the matter.

“We request that an investigation be done by this office to clarify candidate eligibility, showing when the county line of Lowndes/Lanier was annexed,” the letter stated.

The same letter went on to question, “Was it put in the local paper for the required 30 days? Was it voted on by the residents of that area? If so, when? Has the petition been filed with the governor’s office? When did Valdosta give this property to Lanier County?”

Though the petition stated that the NAACP had documentation of a completed survey proving Norton’s residency is in Lowndes, at the hearing both Calhoun and Attorney Mitchell Moore, who is representing the NAACP, stated that was not accurate, and the aim of the petition was to have an official survey completed.

The petition’s dismissal came after Mullis denied a motion by Moore, who was retained to represent the interests of the local NAACP Friday, for a continuance following a discussion between the two parties and counsel in the judge’s chambers before the hearing began. Moore added that other avenues would be pursued until an investigation is conducted and an official survey completed.

“There will definitely be a next step,” Calhoun said. “We decided to drop the petition at this stage, but we will be looking at other avenues.”

Calhoun added that the petition and subsequent hearing were not the results of a vendetta against Norton.

Moore stated that the next possible step could mean a hearing before a Superior Court Judge. The group will not be able to file another petition with the elections office since any petition must come within 14 days of qualifying, which ended May 2.

“My clients simply want to have a survey done,” Moore said.

Moore added that aerial photos were taken and grids were done and based on that information it was determined that Norton’s residence was in Lanier County, however, the local NAACP does not believe that is sufficient.

“If he does reside in Lanier County then that’s the end of the discussion,” Moore said. “We just want to find the truth and the only way to determine that is to conduct a proper survey.”

A previous article in The Times quoted Lowndes County Chief Appraiser Jo Ann Spicer confirming that Norton’s residence was in Lanier County.

Spicer said some of the confusion may stem from an incident in 2000, when the appraisers in Lowndes County mistakenly assessed the buildings, including the house that Norton resides in. Part of the property on which the home is located is in Lowndes County, but the majority is in Lanier. She said the mistake happened when the property was transferred to Charles Norton, the sheriff’s father, from his mother.

Attorney Bob Wilson, who represents the sheriff, stated that Norton is a lifelong resident of Lanier County, has paid taxes, registered his vehicle, and registered to vote all in Lanier County under his current address.

“The evidence that we would have presented today (Tuesday) is abundantly clear and shows that the Sheriff lives inside Lanier County,” Wilson said. “This is politics, pure and simple, but let’s play politics fair.”

Wilson stated that evidence would have been presented from both the Lanier and Lowndes County Assessor’s Offices and the Regional Development Center, which is responsible for drawing county line boundaries, showing that the 148.25 acres of Norton’s property on which his home is located is within Lanier County limits.

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