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Monday, November 19, 2007

Transgendered candidate sued alledging she misled voters.

 

Riverdale, GA -- Two unsuccessful Riverdale City Council candidates have asked a judge to halt an upcoming runoff election, alleging fraud by a candidate who ran as a woman and tampering with voting machines by the city clerk.

Georgia Fuller and Stanley Harris, who lost bids for council seats in Ward 2 and 4, filed petitions in Clayton County Superior Court last week contesting the Nov. 6 election. The suit names City Manager Iris Jessie, City Clerk Stephanie Thomas, incumbent Ward 2 Council member Michelle Bruce, Ward 4 incumbent Council member Kenny Ruffin and Ward 2 candidate Wayne Hall.

A runoff between Bruce and Hall, along with two mayoral candidates, is scheduled for Dec. 4. The petition asks a Superior Court judge to rule the Nov. 6 elections results invalid and order another general election.

The Secretary of State's Office inspector general is also reviewing a complaint from Fuller and Harris to determine if an investigation is warranted, said spokesman Matt Carrothers.

The lawsuit alleges that Bruce, who identifies herself as transgendered and goes by Michelle Mickey Bruce, misled voters by identifying herself as a woman. The suit identifies her as "Michael Bruce."

Bruce's voter registration, notice of candidacy and driver's license identify her as Michelle Bruce, a white female. Bruce's birth certificate was not available Monday.

Bruce said she was "born transgendered" and declined to say if she had surgery to change her gender.

"That's private," Bruce said in a telephone interview Monday. "The people don't care about it."

The suit also alleges that city clerk Thomas, who serves as the city's elections superintendent, tampered with the voting machines and counted 115 paper ballots before the Nov. 6 election. The suit says the voting machines were not certified by the secretary of state's office.

According to Carrothers, every electronic touch-screen voting machine in Georgia is approved at the federal Voting System Testing Lab and then tested by the Kennesaw State University Center for Elections Systems to ensure compliance with Georgia law, rules and code. The individual counties also test the voting equipment.

Fuller, Harris nor their attorney returned phone calls seeking comment Friday or Monday.

Riverdale City Attorney Deana Johnson said she is in the process of preparing a response.

"They have asked for a stay of the runoff. Unless we receive something valid from the court, the runoff is going forward," Johnson said. "There were no problems with the election."

Riverdale has not received any notice of election problems from the Clayton County Board of Elections nor the secretary of state, Johnson said.

The suit also alleges Ruffin unlawfully distributed campaign material at Riverdale Fall Fest in late October at the city's baseball fields.

Ruffin, who called the suit ridiculous, said he did not distribute any material and does not know who did.

"It's unfortunate that voting in an election is taken out of the ballot box and the will of the people, and put it in a courtroom," he said.

Hall, a political newcomer, said he was listed a defendant, but the lawsuit does not pertain to him.

Jessie referred comment to the city attorney. Thomas could not be reached for comment.

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