by Jon Gillooly
jgillooly@mdjonline.com
November 07, 2009 01:00 AM | 1571 views | 1

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MARIETTA - The Cobb Board of Elections voted 3-0 Friday evening to certify Tuesday's election results, making the numbers official.
But there were a few questions from the audience.
James Dodd, who lost to incumbent Anthony Coleman in the Ward 5 city council race Tuesday, inquired about what was needed for a recount.
Coleman barely managed to avoid a runoff in his bid for re-election against challengers Dodd and Chris Johnson.
Gregg Litchfield, the attorney for the Cobb Board of Elections, said a candidate may request a recount two days after certification if he or she is within 1 percent of the person who wins. Dodd isn't eligible for a recount because he came within 15 percent of Coleman, Litchfield said.
Dodd also inquired about the rules for a runoff. To avoid a runoff, a candidate must obtain 50 percent of the votes cast plus one vote. Dodd would need three more votes to be eligible for a runoff, Litchfield said.
Dodd said he didn't plan on demanding a recount or a recall.
Coleman's mother, Juanita Carmichael, who was also in attendance, was less than pleased by Dodd's questions.
"He needs to stop grasping at straws and get over it," Carmichael said after the meeting.
In another race, Kathy Scott, husband of Kennesaw State University professor Tom Scott, asked why Johnny Sinclair, who ousted incumbent Holly Walquist for the Ward 3 city council seat, was permitted to take office when he owes $70,000 in unpaid federal taxes and $700 to the state of Georgia.
Candidates sign a notice of candidacy and affidavit swearing that no back taxes are owed that have been adjudicated, meaning the state or federal government has not filed suit against them and obtained a judgment.
Litchfield said Sinclair signed the sworn affidavit, and therefore Cobb Elections takes him at his word that the taxes he owes have not been adjudicated.
Scott, who lives in Ward 5, but is a supporter of Holly Walquist, then asked what it takes to recall a candidate. Litchfield said the recall requirements are complicated, asking her to make an appointment and he would explain them later.
But in any case, a candidate may not be recalled during the first 180 days of office, he said.
In other business, Cobb Elections Director Sharon Dunn alerted the board to a communications glitch that occurred Tuesday night which didn't impact the election results. Dunn's office has one system that tabulates the votes and another system that displays the number of votes on the county's cable station and Web site. While the votes that were tabulated were correct, the votes that were displayed for the public to see were not since it showed all precincts in but didn't count the absentee votes, she said.
"So we're going back to the chalk board," Litchfield quipped.
Dunn said other than Cobb residents calling her office to ask why they couldn't vote for the mayor of Atlanta, the election went smoothly.
Write-in names were also released Friday.
Among the names citizens voted for in the Marietta mayor's race were "any one else," MDJ columnist Larry Wills, Mickey Mouse, Councilman Van Pearlberg and MDJ reporter Jon Gillooly.
Ward 1 Councilwoman Annette Lewis ran unopposed, but had write in votes for Mickey Mouse and Sasquatch.
Larry Ceminsky, owner of Bomber Battery, received a write in vote for the Ward 3 council seat, which was won by Johnny Sinclair; while President Barack Obama and "anyone else" received votes over Ward 6's Jim King, and Venezuelan President Hugo Chavez received a write in for Ward 7, where Councilman Philip Goldstein ran unopposed.
For the Marietta Board of Education election, the four school board members who ran without opposition received some colorful write in votes also.
Two people voted for Bozo the Clown over Ward 3's Randy Weiner, "anyone but Jill" received a vote over Ward 4's Jill Mutimer, Hugo Chavez received a vote over Ward 7's Irene Berens, and school district critic Salleigh Grubbs received three write in votes over Ward 2's Tony Fasola.