UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

MALLORY C. J ONES,

Plaintiff,

v.

MACON-BIBB COUNTY BOARD OF
ELECTIONS AND VOTER
REGISTRATION; J EANETTA
WATSON, in her official capacity as
Executive Director of the Bibb County
Board of Elections and Voter Registration,
and MACON-BIBB COUNTY BOARD
OF COMMISSIONERS,

Defendants.
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:



CIVIL ACTION FILE
NO.: __________________



EMERGENCY RELIEF REQUESTED

VERIFIED COMPLAINT FOR
DECLARATORY, INJUNCTIVE, AND OTHER RELIEF

COME NOW Mallory C. J ones, the Plaintiff in the above styled civil action
(Plaintiff), and submits this Verified Complaint for Declaratory, Injunctive and
other Relief (Complaint), based on the following allegations:
Nature of the Case
1.
This is an action challenging the failure of the Defendants to schedule and
hold the Non-Partisan elections scheduled to occur on J uly 16, 2013. Pursuant to




Page 2
state law (Ga. L. 2012, p. 5595 and amended by S.B. 25), the election of the first
officials to serve in the newly created consolidated government for the City of
Macon and Bibb County, Georgia (County) was to occur, via majority vote and
non-partisan elections, on J uly 16, 2013 (the Election). A copy of S.B. 25
(hereinafter the Bill) which provides for these elections is attached hereto as
Exhibit A.
2.
On or about J une 1, 2013, the Defendant Board of Elections announced it
was unilaterally delaying the Election because pre-clearance by the United States
Department of J ustice (DOJ ) of the voting changes contained in the Bill had not
yet been obtained pursuant to Section 5 of the Voting Rights Act (VRA). A
copy of the Submission is attached as Exhibit B.
3.
On J une 25, 2013, the United States Supreme Court held Section 4 of the
Voting Rights Act (42 U.S.C. 1973e) (VRA) unconstitutional. Shelby County
v. Holder, et al., ___ U.S. ___, 2013 WL 3,184,629. The effect of this decision is
to eliminate the pre-clearance requirement of Section 5.




Page 3
4.
Plaintiff seeks a declaratory judgment holding that the Bill is valid and
enforceable and requires Defendants to conduct the Election on J uly 16, 2013, or if
that cannot be done, at the earliest possible lawful date without the re-opening of
candidate qualification or any other alteration to the electoral process required by
the Bill. Plaintiff further requests the Court issue appropriate injunctive relief to
enforce the declaratory judgment and to award Plaintiffs counsel reasonable
attorneys fees.
Statement of Jurisdiction
5.
This action is brought under 42 U.S.C. 1983 and 1973. This action seeks
relief pursuant to Article 4, 2, the Fourteenth Amendment to the Constitution of
the United States, Article I, I, II of the Constitution of the State of Georgia
(Constitution), and the Voting Rights Act of 1965.
6.
This Court has original jurisdiction pursuant to 28 U.S.C. 1331,
1343(a)(3) and (4), and 2201. Venue is proper in this Court pursuant to 28 U.S.C.
1391(b). Defendants all reside and/or function as public entities within the
Middle District of Georgia and are subject to personal jurisdiction in this Court.




Page 4
7.
Plaintiff has complied with O.C.G.A. 21-2-32(g) by providing a copy of
this Complaint to the Chair of the Georgia State Election Board via United States
Postal Service Certified Mail, though compliance with said statute is not legally
required for actions brought in this Court.
Parties
8.
Plaintiff Mallory C. J ones (J ones) is a resident and elector of Bibb County,
Georgia, and a candidate in the upcoming Election. He desires and intends to
participate in the electoral and political processes of the consolidated Macon-Bibb
County government as evidenced by his decision to qualify as a candidate for
Commissioner in District Four (4) of the consolidated government.
9.
Defendant Macon-Bibb County Board of Elections and Voter Registration
(BOE) is the Elections Superintendent for Macon-Bibb County, Georgia. As
such, the Board is responsible for conducting all City, County and state-wide
elections in Bibb County, including those elections for the newly created
consolidated government. Among other things, the BOE has the lawful duty to
receive notices of candidacy and qualifying fees from candidates seeking election;




Page 5
to prepare and publish all notices and advertisements in connection with the
conduct of elections; to transmit to the Secretary of State a copy of any publication
in which a call for an election is issued; to prepare, equip and furnish all polling
places; to count all ballots; and to certify the results of all elections as prescribed
by law. Service of the Summons and Complaint is being acknowledged by
Counsel for the BOE.
10.
Defendant J eanetta Watson (Watson) is the current Executive Director of
the Board located at 2445 Pio Nono Avenue, Macon, Georgia, 31206. Said
Defendant is subject to the jurisdiction of this Court. Service of the Summons and
Complaint is being acknowledged by Counsel for Watson.
11.
Defendant Macon-Bibb County Board of Commissioners (Commission) is
the governing authority for Bibb County and participates in the call for and the
setting of the date for the Election. Service of the Summons and Complaint is
expected to be acknowledged by Counsel for the Commission.
12.
The Defendants are sued in their official capacities to redress wrongful
actions taken in their official capacities under color of state law. They are named as




Page 6
party Defendants for purposes that include enjoining them from (a) approving any
new candidate qualifications for elected positions within the consolidated
government; and (b) further delaying the Election since the Bill establishing the
consolidated government and the election schedule to populate its elected officers
is no longer required to be pre-cleared by the DOJ and should be implemented
immediately. Defendants actions in unilaterally delaying the Election are outside
the scope of their lawful authority and must be enjoined.
Facts
13.
During the 2012 session, the Georgia General Assembly passed the Bill
which proposed consolidation of the City and County governments subject to
approval by voter referendum. Consolidation was approved by the voters on J uly
31, 2012.
14.
On February 8, 2013, the BOE submitted the Bill to the DOJ for pre-
clearance. See Exhibit B.
15.
On or about February 14, 2013, the Governor approved Senate Bill 25,
which amended the 2012 Legislation created the consolidated governments to




Page 7
provide for non-partisan elections for all nine members of the new Board of
Commissioners and the Mayor, with said election to occur on the third Tuesday in
J uly, 2013. See Exhibit A.
16.
The governing authority of the new consolidated government will consist of
nine commissioners serving on a consolidated Commission and a Mayor. The
election of these officials is to occur on the third Tuesday in J uly which is J uly 16,
2013. See Bill and O.C.G.A. 21-2-139 (non-partisan elections).
17.
Nine (9) districts were established for the election of the Commissioners.
The Mayor will be elected by a county-wide majority vote.
18.
Qualifying for the elections for the consolidated government was held
April 22-26, 2013. The BOE and Watson permitted candidate qualifying in
anticipation of pre-clearance of the Bill. Plaintiff J ones qualified to seek election
to the position of District Four Commissioner on April 22, 2013.




Page 8
19.
The Election was scheduled by law for J uly 16, 2013. On or about J une 1,
2013, the BOE announced it was putting the Election on hold following receipt of
the DOJ s letter of May 24, 2013, seeking additional information. Exhibit C.
20.
Neither pre-clearance nor an objection by the DOJ was forthcoming prior to
the decision by the United States Supreme Court on J une 25, 2013, in the Shelby
County case. This decision invalidated Section 4 of the VRA and thereby removed
the pre-clearance requirements of Section 5 as applied to the Bill and other election
changes.
21.
Since the decision in Shelby County, the Defendants have refused to conduct
the Election on the date set forth in the Bill, citing the delay in the electoral process
created by its decision to stay the Election.
22.
A genuine controversy exists between Plaintiff J ones and the Defendants as
to the scheduling of the Election. Plaintiff has no adequate remedy at law and no
other way to guarantee his rights in connection with the upcoming Election other
than through the relief sought in this Complaint. Plaintiff will suffer irreparable




Page 9
harm if candidate qualifying is reopened and the election is further delayed, and
the injury will continue until the electoral process proposed by the BOE is declared
to be unconstitutional as a product of the unconstitutionality of Section 5 of the
VRA.
COUNT ONE: VIOLATION OF EQUAL PROTECTION
DUE PROCESS, AND THE VRA

23.
Plaintiff incorporates by reference all previous allegations contained in this
Complaint.
24.
Pursuant to the United States Constitution and federal statute, the right to
vote is a fundamental right guaranteed to U.S. citizens. It is a right that cannot be
arbitrarily manipulated or denied by Defendants.
25.
The Fourteenth Amendment to the United States Constitution, 1, provides
that: No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any person
of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.




Page 10
26.
42 U.S.C. 1983 provides, in relevant part, as follows:

Every person who, under color of any statue, ordinance,
regulation, custom, or usage, of any State or Territory of
the District of Columbia, subjects, or causes to be
subjected any citizen of the United States or other
person within the jurisdiction thereof to the deprivation
of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable to the party injured
in an action at law, suit in equity, or other proper
proceeding for redress. . . .

27.
Defendants are person[s] and Plaintiff is a citizen of the United States
within the meaning of 42 U.S.C. 1983.
28.
Under the First and Fourteenth Amendments, it is unlawful for a government
to refuse to conduct elections under the terms provided for by law.
29.
Plaintiff intends and desires to participate in the electoral and political
processes of the City of Macon and Bibb County, Georgia.
30.
Plaintiffs constitutional right to vote and to seek elective office has been
arbitrarily diluted and debased by Defendants, acting under color of state law,




Page 11
through their failure and refusal to conduct the Election for the new consolidated
government according to law.
31.
There is no adequate remedy at law for the irreparable harm Plaintiff will
suffer. The Defendants refusal to conduct the Election denies Plaintiff his right to
vote and to seek public office.
32.
Accordingly, Plaintiff is entitled to permanent injunctive and declaratory
relief declaring the unilateral delay of the elections unconstitutional and requiring
the Election to be held at the earliest feasible date.
WHEREFORE, Plaintiff respectfully prays that this Court grant the
following relief:
A) Assume jurisdiction of this case;
B) Enter a declaratory judgment holding that the Defendants must
comply with the Bill and conduct the Election on J uly 16, 2013, or as soon
thereafter as legally possible;
C) Enjoin any reopening of candidate qualification for the Election;
D) Award Plaintiff the costs and attorneys fees of this action pursuant to
42 U.S.C. 1988 and the VRA; and,




Page 12
F) Award Plaintiff all other relief which the Court deems necessary and
proper.

/s/ A. Lee Parks
A. Lee Parks
Georgia Bar No. 563750
lparks@pcwlawfirm.com


/s/ David F. Walbert
David F. Walbert
Georgia Bar No. 730450
dwalbert@pcwlawfirm.com

PARKS, CHESIN & WALBERT, P.C.
75 Fourteenth Street, 26
th
Floor
Atlanta, GA 30309
(404) 873-8000 Telephone
(404) 873-8050 Facsimile
Counsel for Plaintiff

/s/ Harlan S. Miller
Harlan S. Miller
Georgia Bar No. 506709
hmiller@pcwlawfirm.com
OF COUNSEL:

PARKS, CHESIN & WALBERT, P.C.
3646 Vineville Avenue
Macon, GA 31204
(478) 216-8529 Telephone
(478) 477-8043 Facsimile
V E R I F I C A T I ON
I , Mallory C. Jones, makethisverification under oath and statethat I amthe
Plaintiff inthis matter; that I haveread the foregoing Verified Complaint for
Declaratory, I njunctiveand other Relief and that I hereby verify that theallegations
of fact contained insaid Complaint aretrueand correct and that asPlaintiff in this
action, I wil l suffer irreparable injury i f the injunctive relief requested is not
granted.
This 2 7 day of June, 2013.
Sworn to and subscribed beforeme
this day of June, 2013.
NOTARY PUBLI C /
O F F ~ C E OF SECRETARY OF STATE
J) /Jn:an P Jlmp J 5ecf'etaf'lJ' o/ State o/ lhe State o/
{jeorr;ia, do hef'eb'I cef'tih that
the four pages of photocopied matter hereto attached contains a
true and correct copy of an Act approved by the Governor on
February 14, 2013 humbered Act No. 3, Senate Bill. No. 25; all as
same appear of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
the seal of my office, at the Capitol, In the City of Atianta, this
14th day of February, In the year of our L0rd Two Thousand
and lhlrteen and of the lndependencei of the United
States of America the Two Hundred and Thirty-Seventh.
Brian P. Kemp, Secretary of State
EXHIBIT
A
ENROLLMENT
This /3t!::: day of F'ihrt.A.AJ 2013
Approved
Governor
This ft./ day of ... f.tb 20.1_)
S.B. No. __ __
Act No. _3=----
GENERAL ASSEMBLY
AN ACT
To amend an Act entitled "An Act to provide for the
restructuring of the government ofthe City of Macon, the
City of Payne City, ap.d Bibb County," approved April20,
2012 (Ga L, 201'2, p. 5595), so as to provide for nonpartisan
elections of the mayor and commissioners; and for other
purposes.
Read !"time
Read 2d time
Read 3n1 time
And
Yeas 34
Read 1
11
time
Rea.d 2nd time
Read 3'dtlme
And
IN SENATE
Jan. 15, 2013
29,2013
Passed
IN HOUSE
Jart. 30, 20 tj
Jan, 3 I, 2013
Feb. 12, 2013
Passed
Nays 15


By: Senators Staton of the I 8th and Jones of the 25th
...
AN ACT
To amend an Act entitled "An Act to provide for the restructuring of the government of the
City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L.
2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners;
to repeal conflicting laws; and for other purposes.
BE IT ENACIB[l BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled ''An Act to provide for the restructuring of the. government ofthe City of
Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p.
5595), is amended by revising subsection (c) of Section 9 to read ?S follows:
"(c) The comri1ission sha:ll consist of nine members. The initial comrriissioriers shall be
elected at a noilpartisan election held ori thethifd Tuesday In July,,2Ql3, for tenns of three
years and until their successors are duly elected and qualified. Their successors shall be
elected in nonpartisan elections for tenns of four years and shall take office on the.first day
of January imniediately following the date of the election. The members .shall be elected
from the nine districts specified in subsection (a) of this section by a majority Of electors
voting in such election from such distriet. All members of the cofillnission shall be full
voting members of the coimniSsion. The mayor shall be the presiding officer of the
commission but shall not be a voting membei' of the commission; provl.ded, however; that
the mayor may cast a vote on any matter before the comrnl.ssion to break a tie. The mayor
may propose ordinances ih. the same manner as a commissioner/
SECTION2.
Said Act is furtlwr amended by revising subsections (b) and (d) of Section 10 to read as
follows:
H(b) The initial mayor shall be elected in a nonpartisan election to be held on the third
Tuesday in July, 2013. Candidates shall be elected by majority vote as provided in this
section. The person elected as mayor at such election shall take Tuesday
of January, 2014, for an initial term ofthree and until a successor iS elected and
qualified. Thereaftet'., eac.h successor to the office of rnayor shall be elected at the general
nonpartisan election .to be held on the thh'd Tuesday in July immediately preceding the
S. B.25
1
expiration of a tenn of office, shall take office on the first day of January imntediately
following the date of the election, and shall have. a term ofoffice of four years and until a
successor is elected and qualified. The mayor shall be elected by a majority vote on a
county-wide basis by the electors of the entire county."
"(d) Except as otherwise provided in ihis section, all elections for the mayor and members
of the commission shall be in accordance with the provisions of Chapter 2 of Title 21 of the
O.C.G.A., the
1
GeorgiaElection Code,t as now or hereaftel' amended. Any person who is a
registered voter of Macon-Bibb County shall be eligible to vote in atiy election undet this
section."
SECTiON3.
All laws and parts of laws in conflict with this Act are repealed.
S.B.25
-2-
APPROVED
FEB ! 4 2013
! ;:; ;'.>tt'
1
.: L

.;: ?,;!';'.':<.f i ; :.: , / . :

.. '.: i'/:,,.:} ;;'rr.:\.. :,.. ; .. 1) ..
. .... . ...
. i,it,
' .
..
::1\::
,i .... '

GEORGIA, FULTON COUNTY
Personally appeared before ipe, the undernigiled authority, duly authorized to administer oaths, Cecil
Statoi;i, who on oath deposes and says that he is the Senator from District 18 and further deposes and
says that the attached Notice of Intention tci Introduce Local Legislation was published in the The
Telegraph whlch is the official organ ofBibb County OU December 6, 201;2, and.that the no.tice
requirements cif Code Section 28-1-14 have met.

Cecil Staton
Senator, District 18
Swory/ and subscribed before me,
this ....,dayof Jt:14a1A.Jl,&' ,
2013
8. B. 25
,.
..
VIRGIL L. ADAMS
D. JAMES JORDAN
CAROLINE W. HERRINGTON
DAWN MAYNOR LEWIS
CEDRIC B. DAVIS*
*Of Counsel
ADAMS &JORDAN
ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
Fickling & Co. Building
577 Mulbe11y Street, Suite 1250
Post Office Box 928
Macon, Georgia 31202-0928
Telephone (478) 743-2159
Toll Free (866) 743-88'14
Telecopier (478) 743-4938
Writer's Email: vadams@adamsjordan.com
February 18, 2013
VIA FEDERAL EXPRESS OVERNIGHT
TRACKING NUMBER 7947 7251 3130
M'.illedgev.ille Office
115 E. Mcintosh Street
Post Office Box 2370
Milledgeville, Georgia 31061
Telephone (478) 453-3997
Toll Free (888) 8 1 2 ~ 9 4 4 4
Telecopier (478) 452-4880
SUBMISSION UNDER SECTION 5 OF THE VOTING RIGHTS ACT
Chief, Voting Section
Civil Rights. Division
Room 7254-NWB
United States Department of Justice
1800 G Street, NW
Washington, DC 20006
RE: Submission of Preclearanc.e for Non-Partisan Elections for the
Macon-Bibb Consolidated Government Elections pursuant to
Section 5 of the Voting Rights Act of 1965 as amended
Dear S.ir/Madam:
In my capacity as County Attorney for Bibb County, (3eorgia, I hereby sl.lbmit for
pre-clearance non-partisans elections for the newly created consolidated government to
be known as Macon-Bibb County, Georgia, pursuant to the Voting Rights Act of 1965,
as amended (42 U.S.C. 1973 c).
Pursuant to the requirements of 28 C.F.R. 51.27, I hereby submit the following
with respect to this request:
(a) A copy of any ordinance, enactment, order, or regulation embodying
a change affecting voting.
See Exhibit "1" attached hereto and incorporated herein by reference,
which is Act No. 3, Senate Bill No. 25 enacted by the General Assembly of
the State of Georgia and approved by the Governor of the. State of
Georgia. Please note that this Act amends the act to provide for tbe
EXHIBIT
B
Chief, Voting Section
February 18, 2013
Page Two
restructuring of the governments of City of Macon, City of Payne City, and
Bibb County, approved April 20, 2012 (Ga. L 2012, p. 5595), so as to
provide for non-partisan rather than partisan elections of the mayor and
commissioners;
(b) .A copy of any ordinance, enactment order, or regulation embodying
the voting practice that is proposed to be repealed, amended, or
otherwise changed.
See Exhibit "2" attached hereto and incorporated herein by reference.
(c) If the change affecting voting either is not readily apparent on the
face of the documents provided under paragraphs (a) and (b) of this
section or is not embodied in a document, a clear statement of the
change explaining the difference between the submitted change and
the prior law or practice, or explanatory materials adequate to
disclose to the Attorney General the difference between the prior and
proposed situation With respect to voting.
The change, is readily apparent on the face of the document in (a) and (b)
of this section. Exhibit "2" is the existing charter Which was approved by
the General Assembly on April 20, 2012, and approved by the voters at an
election on July 31, 2012. This charter provided for partisan elections of
the mayor and nine (9) commissioners for the new government known as
Macon-Bibb County 13nd Exhibit "1" under section (a) above amends the
charter to now provide for non-partisan e.lections of the mayor and nine (9)
commissioners for the new government known as Macon-Bibb County.
(d) The name, title., address, and telephone number of the person
making the submission.
Virgil L. Adams
Bibb County Attorney
Adams & Jordan, P.C
Suite 1250, Fickling & Co. Building
577 Mulberry Street
P.O. Box 928
Macon, GA 31202;<0928
(478) 743-2159
Chief, Voting Section
February 18, 2013
Page Three
(e) The name of the submitting authority and the name of the
jurisdiction responsible for the change, if different
The submitting authority is the County Attorney for Bibb County, Georgia
and the Georgia General Assembly is the jurisdiction responsible for the
change.
(f) If the submission is not from a State or county, the name of the
county and State in which the submitting authority is located.
Not applicable.
(g) Identification of the person or body responsible for making the
change and the mode of decision act of State legislature,
ordinance of city council, administrative decision by registrar).
(h)
The body responsible for making the change is the Georgia General
Assembly and the mode of decision is an act of the State legislature.
A statementidentifying the or other authority under which
the jurisdiction undertakes the change and a descripticm of the
procedures the jurisdiction was required to follow in deciding to
undertake the change.
To the best of my knowledge, Act No.3, Senate Bill No. 25, was enacted
pursuant to granted the General Assembly by the 1983
Constitution of the State of Georgia, Art. Ill, Sec. V.
(i) The date of adoption of the change affecting voting.
Act. No. 3, Senate Bill No. 25 Was passed by the Georgia General
Assembly on February 13, 2013, and was approved by Governor Nathan
Deal on February 14, 2013. (See Exhibit "1").
(j) The date on which the change is to take effect.
The change contemplated by Act No. 3, Senate Bill 25 became effective
February 13, 2013. (See Exhibit "1").
Chief, Voting Section
February 18, 2013
Page Four
(k) A statement that the change has not yet been enforced or
administered, or an explanation of why such a statement cannot be
made.
The proposed change has not yet been enforced or administered;
however, it is the purpose of this Act to provide for the non-partisan
elections for mayor arid nine (9) commissioners of the newly consolidated
government of Macon-Bibb County. The change will take effect with the
July, 2013 elections as contemplated in the Act.
(I) Where the change will affect less than the entire jurisdiction, an
explanation of the scope of the change.
The entire jurisdiction will be affected.
(m) A statement of the reasons for the change.
To the best of my knowledge, the proposed change to non:-partisan
elections results :from a decision ofthe General Assembly initiated by the
Bibb County local legislative delegation. .
{n) A .statement of the anticipated effect of the change on members of
racial or language minority groups.
The proposed ch13nge is not anticipated to have a major effect on
members of racial minority groups.
(o) A statement identifying any past or pending litigation concerning the
change or related voting practices.
To the best of my knowledge, there is no past or pending litigation
concerning the change.
(p) A statement that the prior practice has been precleared (with the
date) or is not sbject to the preclearance requiremEmt and a
statement that the for the adoption of the change has
been pre-cleared (with the date) or is not subject to the pre.clearance
requirement, or an explanation of why such statements cannot be
made.
Chief, Voting Section
February 18, 2013
Page Five
The prior practice was pre-cleared on October 3, 2012. (See Exhibit "3"),
and refer to DOJ File No. 2012-2935.
(q) For redistrictings and annexations: the items listed under 51.28
(a)(1) and (b)(1); for annexations only: the items listed under
51.28 (c)(3).
(r)
Not applicable.
Other information that the Attorney General determines is required
for an evaluation of the purpose or effect of the change. Such
information may include items listed in 51.28 and is most likely to
be needed with respect to redistrictings, annexations,. and other
complex changes. hi the interest of time such information should be
furnished with the initial submission relating to voting changes of
this type. When such information is required, but not provided, the
Atto.rney General shall notify the submitting authority in the manner
provided in 51.37.
Please see additional information provided below.
Pursuant to .28 C.F.R. 51.28, the following additional information is submitted:
(a) Demographic information.
Please refer to previous pre-clearance submissions under DOJ File No.
2012-1990 and DOJ File No. 2012-2935 for all relevant demographic
information.
(b) Maps
Please refer to previous submissions under DOJ. File No.
2012-1990 and DOJ File No. 2012-2935 for all maps of the previous. and
newly created commission districts.
(c) Annexations.
Not applicable.
Chief, Voting Section
February 18, 2013
Page Six
(d) Election returns.
To the. best of my knowledge, there are no election returns relevant to this
action; however election returns from the July 31, 2012 primary regarding
the referendum to apprbve Act. No. 625 (House Bill 1171) 2012 which
provided for the consolidation of the governments of Macon, Payne City
and Bibb County were previously submitted on August 9, 2012 under DOJ
File NO. 2012-2935.
(e) Language use.
To the best of my knowledge, the change does not affectthe use of the
language of a minority group in the elective process.
(f) Publicity and Participation.
Notice of intention to introduce local legislation wi:;is published in The
Telegraph which is the organ of Bibb County, Georgia on
December6, 2012. A certification evidencing this fact is attached to
Exhibit There was media coverage concerning proposed legislation
to change to non-partisc:m elections, including articles in The Telegraph
prior to the legislature's vote on and passage of the Act.
(g) Availability of the submission.
Copies of th.is submission are available to the public throl!gh the Clerk of
the Bibb County Board of Commissioners, the Clerk of the City of Macon
and this submission will be advertised by a legal advertisement in the
Macon Telegraph, the legal organ for Bibb County, Georgia.
(h) Minority group contacts.
1. The Honorable Nikki Randall
Representative, District 138
Po.st Office Box 121
Macon, Georgia 31202
(404) 656-0109 (Capitol phone)
(404) 656-0109 (District phone)
Chief, Voting Section
February 18, 2013
Page Seven
2. The Honorable James Beverly
Representative, District 139
Post Office Box 13451
Macon, GA 31208
(404) 656-0220 (Capitol phone)
(478) 803-0001 (District phone)
3. The Honorable David Lucas
Senator, District 26
2594 Saratoga Drive
Macon, GA 31211
(404) 65.6-5035 (Capitol phone)
(478) 254-7600 (District phone)
On the basis of the foregoing, I respectfully request approval and preclearance of
this action. Please feel free to contact me should you hcwe any questions or need
additional information concerning this submission.
VLA/abp
Enclosures
Sincerely,
Virgil L Adams
County Attorney
cc: Representative Nikki Randall, Chairperson, Bibb County Legislative Delegation
Samuel F. Hart, Sr., Chairman, Bibb County Board of Commissioners
Robert A.B. Reichert, Mayor, City of Macon
Ms. Jeanetta Watson, Macon-Bibb County Elections Supervisor
EXHIBIT
C