Suit filed against SPLOST vote
by Winston Jones/Sentinel
9 months ago | 1620 views | 25 25 comments | 30 30 recommendations | email to a friend | print
James Quarterman has filed a lawsuit in Douglas County Superior Court challenging the legality of the Nov. 3 special purpose local option sales tax (SPLOST) referendum to build a new jail, claiming voters were “intimidated” into voting “yes” by speeches, writings and phone calls from the sheriff and county commission chairman.

Quarterman’s civil action, filed Thursday, lists the defendants as Laurie Fulton, election supervisor; Rochell Robinson, John Lawrence, Spencer Hardy, Aaron Walker and Slyvanus Burney, members of the Board of Election; Tom Worthan, commission chairman; Phil Miller, sheriff; and Douglas County Board of Commissioners.

The suit requests a jury trial and asks for a preliminary injunction and a temporary restraining order to prevent the issuance of $120 million in general obligation bonds until a hearing can determine if the special purpose local option sales tax (SPLOST) referendum vote was legal.

A hearing date has not been set.

“We have yet to be served and we have no comment on threatened or pending litigation,” Wes Tallon, county communications and community relations director, said in a written statement released Friday afternoon. “We’ll review the suit, if and when properly served, and will take appropriate action in the courts on behalf of the citizens of Douglas County at the appropriate time.”

Quarterman’s suit alleges, “Under a ‘totality of the circumstances,’ Defendants Miller and Worthan actions disenfranchised voters and changed the election’s outcome by holding public meetings, by publishing newspaper and magazine articles and by denying voters their right to vote freely of their own choice by threatening federal intervention and threatening to raise property taxes if voters did not vote ‘yes’ for the SPLOST. Voters are entitled to a do-over free of intimidation and coercion.”

He also charges that Fulton, in her job as election supervisor, failed to inform voters that because it was a city and county election at the same time, that they had to request and vote on two separate ballots.

Quarterman further claims that Miller and Worthan “manipulated” inmate jail figures and threatened possible action by federal judges “to panic voters to vote ‘yes’ for SPLOST, so as to avoid a threatened property tax increase.”

Quarterman also filed for a change of venue in the case, claiming the sheriff and several other elected county officials, including Superior Court judges, have stock in the bank where bond funds will be deposited. He maintains that, because of this, he will not be “afforded meaningful access and a fair and impartial tribunal.”

comments (25)
« Cressida wrote on Wednesday, Nov 18 at 08:15 AM »
Sorry to interject here, but I stumbled in and here I am! :) I am just curious as to what you think we should do with people who break the laws? Buy them a beer? Basically your theory is crime and no punishment. Wouldn't that just lead to a lawless state? Can you show me exqamples in history where this worked?
« Skivies wrote on Tuesday, Nov 17 at 03:21 PM »
Eventually JQ is going to stumble on a winnable case. Its like driving in Atlanta traffic every day morning and night, eventually you are going to have an insurance claim.

The more bold our elected officials get with their wasteful spending and their ongoing refusal to be held accountable, the closer JQ comes to being right in his legal claims. They are practically handing him a win. They are compulsive at this point and its catching up to them.
« Dear_Nero wrote on Tuesday, Nov 17 at 10:11 AM »
All you punishment, punishment, punishment czars always ignore the results of your dark ages solution. Your lazy solution for all the crime is to throw people in violent jails. Then when we show you the stats that show this solution of yours is killing our society you always claim what we really want is for people to kill, rape and pillage whenever they want. That is exactly what we do not want. But your solution is actually allowing more people to kill, rape and pillage whenever they want. They are obviously not scared of your jails. Actually stats show they must like them because we keep building new jail cells faster than the population is growing. You punishment czars are acting like Nero playing that violin while Rome burns.
« anonymous wrote on Tuesday, Nov 17 at 09:23 AM »
What my church going taught was that you obey laws and you help those in need. If you don't have the things you need, you pray about it. You don't rob, rape and kill to get them. That is what society animals do, they take what they want regardless of who or what they hurt in the process. They come in all shapes, social backgrounds and colors; Rich, poor, known, unknown, black or white. They feed off of the lives of others and they ALL need to be punished when caught.
« 2rivers wrote on Monday, Nov 16 at 01:10 PM »
What was and what is are two different rivers. History is full of new nations being formed from rebellion against inhumanity against the down trodden. It is easy to dish out the inhumanity and claim it is humane when you are on the side of such laws. The natural laws always retaliate against inhumane practices whether you are on the side of the man's current law or on the side of man's current anarchy. I would have thought your church going would have taught you that.
« anonymous wrote on Monday, Nov 16 at 12:57 PM »
Negative big - Sorry - We will not go quietly into the night under the threat of "big gang government" in prisons. They are in the prisons because they acted inhumane to begin with. They are getting what they deserve. For the most part it is not an unjust system. People use that crutch as an excuse to justify their unmerited complaints for the punishment they earned. You don't reward bad behavior by giving people hand outs and second chances. You should have all paid attention when people warned about allowing kids to listen to music and adopt ways that were detrimental to society. Instead you embraced it and now society has to pay the piper. Maybe if more people started getting married, raising the kids as part of a family and attended church a lot of these problems wouldn't exist in society. Say what you want, all you have to do is go look at history when the divorce rate was low and you will see what I mean.
« birth_of_a_govt wrote on Monday, Nov 16 at 12:19 PM »
The tattoo trend came from prisons. Baggy pants trend came from prisons. Killer Rap themes came from prisons. Gangs originated in prisons. So many negatives now embedded in our crumbling society originated in prisons. What's next you ask. Next we lock up an even larger percentage so the gangs can evolve into their next stage of development that resembles an organized government that easily stock piles weapons. After that this horribly inhumanely handled drug/crime war turns into U.S. civil war II. Build the prisons bigger and the gangs will grow bigger and stronger on the inside and outside. They thrive on inhumanity that is shoved into their face everyday.
« douglas resident wrote on Monday, Nov 16 at 09:39 AM »
First, filing of a lawsuit against the Douglas County Board of Elections, now this new one. Will it ever end? Who pays for defense of the lawsuits? Since the Supreme Court hasn't ruled on the first lawsuit, I guess JQ needed something else to gripe about. The county officials are looking out for the best interests of its residents. A new jail is needed. If the criminals would quit coming to Douglas County, then it would be different, but obviously the outsiders keep coming.
« Pro Se wrote on Monday, Nov 16 at 07:28 AM »
So when a citizen files suit to challenge a $150 million prison we don't need somehow it's a waste of taxpayers dollars?

Now your concerned about tax dollars?

What able the waste of $40,000 to hold a special liquor referendum that didn't have a snowball's chance in hell of passing?

What about spending $305k for temporary inmate housing because they didn't know how to fix a pipe leak and clean up some mold stains?

How about $40 for a special SPLOST elections just days away from the general election?

It's interest to see that the cases the county files are said to be valid, but when a citizens files against them it's somehow "frivolous".

Let the chips fall where they may. We need someone from outside the county to look into county official's actions.

I think they crossed the line. Let hear what a jury has to say
« suddenly_mob_rule wrote on Sunday, Nov 15 at 11:41 PM »
It amazing to see so many against one man. Kind of a mob mentality. Reminds me of ... never mind no reason to say it. Why not we all relax for awhile and let the law take a look at everything. Unless this is all about there is something very wrong that some are trying to hide. Hope not. I love this county. But from what I read in all these comments we definitely need someone on the outside to take at look at it all.
« TeaPartyPatriot wrote on Sunday, Nov 15 at 03:55 PM »
Cut the Pork Spending in Douglas County!

Don't let JQ file any more lawsuits and waste our money!
« ETA wrote on Sunday, Nov 15 at 11:11 AM »
Should the Sentinel have NOT let residents know that Quarterman filed another frivolous lawsuit? I'm glad they let me know. This just solidifies what I thought about the man all along. What IS a waste of ink is that he did it, not that the newspaper reported it. That is what they do. Doubt it has a thing to do with Worthan either.
« canonpics wrote on Sunday, Nov 15 at 10:58 AM »
and he wanted Douglas County to help him out and vote for him at one time ...hahahahahahah,,, hat a joke to look atthis movie

http://www.youtube.com/watch?v=EeSR1K3RM7w
« CitizenInCharge wrote on Sunday, Nov 15 at 10:46 AM »
I wonder how great **laugh** our county would have been if James won?

I'm sure he would have had a new jail built for free and the floods would have never happened and we would have never had another robbery......what a joke.

James would have hooked all his friends up with free housing and set up his corrupt casino operation to destroy this county.

If you thought James was ready to lead, you thought wrong!

« John Foster wrote on Sunday, Nov 15 at 10:06 AM »
James, you are an absolutely ignorant person in every definition of the word.

Most of all, you are just a sore loser!

You need to get the hell out of our county and off the front page of the newspaper.

Go somewhere else!

« James Quarterman wrote on Sunday, Nov 15 at 10:03 AM »
Chief Douglas Circuit Superior Court Judge Robert James writes in his October 19th, 2005 Order (regarding a lawsuit filed by me claiming the county never built the 2002 advertised projects),“Nevertheless, despite the Court’s concern for flagrant abuse of scare judicial resources and, further, despite the waste of taxpayers’ dollars and the resources of those who must defend themselves in meritless proceedings, the Court is preclude from finding that this lawsuit is frivolous, unreasonable, or meritless simply because Plaintiff is litigious.”

Because of your hatred you can let them take away your right to vote freely, but they will never take mines because to many have fought and died so you and I can have that right, and the U.S. Constitution guarantees and protects this liberty. Stop being scared and stand up for what is right, the sheriff or nobody has the right to threaten you and violate the SPLOST Law to get what they want.

When the people who put people in jail for violating the law starts violating the laws themselves, its only fair they get what they give. Nobody told them to violate the law, they chose to themselves. You might be scared of them, but I ain't.

If you allow them to scare you and take away your right to vote freely, what's nexts - its like running water - if you don't stop it - it flows to somewhere else, so asks yourself, whats next?
« CitizenInCharge wrote on Sunday, Nov 15 at 09:30 AM »
This man is an idiot, he is wasting more of you tax dollars filing frivolous lawsuits against the county!

Tell James Quarterman to stop wasting your tax dollar now!

jqman@msn.com
« canonpics wrote on Sunday, Nov 15 at 08:51 AM »
I GUESS THIS IS THE ONLY WAY QUARTERMAN CAN GET ATTENTION...AND HE WANTED TO BE AN ELECTED OFFICIAL IN OUR COUNTY..WHAT A JOKE !! ...HIS CRAP WILL NOT WORK..I VOTED FOR THE SPLOST FOR A NEW JAIL BECAUSE I KNOW WE NEED IT AND QUARTERMAN YOU JUST SIT BACK AND WATCH !! WE WILL GET IT TOO ....HAHAHAHAAH
« Get the facts wrote on Sunday, Nov 15 at 08:34 AM »
There is no automatic recount on referenda in Georgia regardless of the outcome - 1% or less. That only applies to candidate elections. Read the law or call the Secretary of State which is what I did to find out.

The SPLOST is here - the new jail will be built - Quarterman just wants some more publicity and the Sentinel gives in to him every time because Fordham hates Worthan.
« anonymous wrote on Sunday, Nov 15 at 08:11 AM »
Can the citizens slap the "stupid person lawsuit" against James Quarterman? HE is such a publicity whore. He wastes more TAXPAYER money. Let SPLOST be, there will be a new jail, it is a matter of who pays for it, the property owners or everyone, I am in favor for everyone; I am tired of seeing my property taxes go up.