Homestead exemption is not the sole factor in determining a candidate’s legal residence.
Docket Number: 831497 , Decision Date: June 24, 2008
Attachment: Click here to download the decision.
Secretary of State Karen Handel challenged James Powell’s qualification to be a candidate for Public Service Commission, District 4, asserting that Powell’s homestead exemption for an address in Cobb County demonstrated that he resided outside of District 4. Judge Michael Malihi concluded that Powell produced persuasive evidence of legal residence in District 4 and that the homestead exemption was not solely determinative of legal residence. The Georgia Supreme Court affirmed.