A decision on Blackshear Police Department Major Robby Boatright’s candidacy for sheriff will likely come by the end of the week.
Judge Kelly Brooks of the Waycross Judicial Circuit held a hearing on the case Monday in Pierce County Superior Court.
County Attorney Adam Craft, representing Board of Elections Supervisor Leah Ritch and the Pierce County Board of Elections, notified the court they plan to file a motion to dismiss Boatright’s request for a writ of mandamus. That filing was expected by Tuesday (after The Times’ deadline). Boatright and his attorneys, John D. Carson Jr. and M. Klyne Weaver of the Phillips, Carson and Phillips Law Firm in Savannah, would then have until Thursday to file a response challenging the dismissal.
Judge Brooks said he would then consider both motions and make a ruling, perhaps by Friday, August 9. If Judge Brooks grants the dismissal that would uphold the decision by Ritch and the Board of Elections to disqualify Boatright’s If Brooks denies the motion to dismiss, Boatright’s nomination petition would then have to be considered. If Ritch and the board determine he has secured enough signatures to qualify as independent candidate, his name would then appear on the Nov. 5 general election ballot.
Boatright
Ballot
Boatright says he has a sufficient number of verified signatures. He estimates there are 1,036 signatures and he believes at least 887 are valid signatures of registered voters. That number would be above the five percent threshold of 636 registered voters he needs to qualify as an independent candidate.
Boatright filed the writ of mandamus after Ritch and the Board of Elections disqualified his petition to run as an independent candidate for sheriff in the Nov. 5 general election. The writ asks the court to force Ritch and the Board of Elections to process and certify the nomination petition.
Ritch and the Board of Elections cited “material errors and defects’ related to affidavits not being included for all of the approximately 84 petition pages.
Additionally, two of the registered voters who signed the nominating petition supporting Boatright’s candidacy, also served as a notary on the affidavits for the petitions. Elections officials ruled such an act is also a violation of state law and the statute says all of the petitions are rendered void.
A decision is expected in the case soon as there are state deadlines in August for setting the general election ballot.
If the challenge is unsuccessful, Boatright has the option of running as a write in candidate. He would be required to file a notice of his candidacy as a write-in candidate by Tuesday, September 3.
Boatright’s name would not appear on the ballot, but voters could write in his name on the general election ballot. Incumbent Sheriff Ramsey Bennett will run as the Republican nominee in the general election.
Bennett won the Republican nomination in the primary May 21, by defeating private investigator Grady Wilson.
Boatright is seeking a rematch with Bennett of the Republican primary run-off election of 2020. Bennett won the run-off by only 141 votes of 4,085 cast.
Robby Boatright vs. Leah Ritch, Pierce County Board of Elections
• County AttorneyAdam Craft, representing Ritch and the Board of Elections, has filed a motion to dismiss Boatright’s petition for writ of mandamus.
• If granted, the dismissal will uphold Boatright’s disqualification
•If denied, the decision will allow the writ to go forward and will require the Board of Elections to process Boatright’s petition to see if he qualifies as an independent candidate for sheriff.
