Senate 31 candidate Carruth residency challenged

[cookies are sweet]

When I first went to vote after I moved to Paulding in '93, after living in Cobb, Cherokee then Cobb again; I told the lady at the courthouse (I was voting absentee) that I had just moved to Paulding and didn't know which crook I should vote for as I hadn't been around long enough to know which crook was my crook.

She asked what in the world I meant by that.

I explained that it was my belief that most politicians were crooks, but if they were "my crook" it was ok. (I was joking....somewhat)

After thinking that over she said, you know there may be a lot of truth to that.

Over the years and in the 3 counties I have lived in, I have seen very little to change my thoughts from that day.

[Cabe]

Depends on who is on what side on which day. the Good Ole Boys appear to be the other side whoever that is. Somebody give me a list please.

 

I don't have a list. It'll just be whichever new clique is trying to take over.

[gpatt0n]

Stradial:

 

I know when I was growing up we didn't think as poorly of our politicians as we do now. We knew that politics was a blood sport but it translated a little differently.

 

For instance, in EH Crump's Memphis, you knew better than to honk your horn cause you'd be arrested and fined for the act. The city was clean, the cops were crooked and the idea was that you didn't rock the boat and you stayed in your place.

 

It was a political machine and it brokered deals on a state and national level that brought resources to the area. It was crooked in that friends of Crump got the business but strangely, one of the rules was that if you got the contract including the premium you were guaranteed (and provided the largesse for the kickbacks) you best do the job right.

 

Indeed, if you did something stupid, like use substandard quality concrete and it came back to bite the Mayor, well, you just proved you weren't the Mayors friend and you didn't get any more juicy work.

 

Some smaller communities also were corrupt but more were just regular guys who had a vision for their community and worked to make that vision a reality. Sure there was an advantage to being the mayor or otherwise engaged, but it wasn't so much a matter of inside information as just being observant.

 

On that point, I'll take the purchase by Thomas Aiken of the property on Egg Farm road across from the intersection of 120 and US 278.

 

It was pretty obvious that when (no if) there was a west Hiram parkway, it would be there. And do know there were other folks back in the day (I was there) who sought to lay claim for directing where the road would go. Regardless, you didn't have to be a genius to figure that if you were trying to put a west Hiram bypass (in part to save the school's butt who had purchased property for Hiram High kind of out of the way) it would be best to complete the intersection at 120.

 

While there may be an appearance of impropriety, I've talked with Bill Carruth about that and he swears if Thomas Aiken did that because of inside information, it was the first time he ever listened to him.

 

Just an aside, I remember the guy who bought the option - I think it was a two-year option, on the property at GA 61 and US278. He had two years to get a development deal together on the property that is the site of the Kroger. He pitched everyone but it just didn't happen ...

 

The point is that everyone under the sun knew that was going to be key development property (as was the property at intersection of 278 and 92) ... yet only one person owned it at the right time.

 

Now I haven't visited with Carruth regarding the $1.95 million note that is apparently in default.

 

It was obviously a business deal that went bad. I saw from the note he pledged collateral so I'm pretty sure that the stock so-pledged ended up not being worth a lot because of the overall decline in value of assets. There was evidence that the principal was reduced by several hundred thousand and the amount owed was increased by the imposition of a punitive interest rate.

 

Obviously he didn't fight it. If he surrendered the stock which was pledged as collateral, what is owed at this point is a deficiency which would be like someone giving up their home to foreclosure and the bank, which had loaned $200,000 on the mortgage, sees the property valued at $70,000 and sues the homeowner for the remaining $130,000.

 

As I look at it, I do note that the judgement was entered on April 27, 2012. I think some folks have mentioned that there are questions about how quickly this passed through the system for one. Another aspect is that there was no 'answer' to the suit - it was a default judgment - meaning that there was no legal wrangling over the matter - no motions of this or that nature. That alone raises questions regarding proper notice if not good-old-boy maneuvering in Atlanta.

 

Finally, as to the residency qualification. This is Paulding's senate seat. We have the greatest number of voters in this district. To say that Haralson county resident Bill Heath can do a better job of representing Paulding than Bill Carruth begs credulity. Still, that will be decided by the folks in Atlanta at the Secretary of States office (I believe). While some may have the opinion he pulled a fast one, if Brian Kemp's office says he's qualified, he didn't pull anything.

 

Now people are going to vote however they want to vote. They can feel however they want. But to suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate because this is Bill Heath's seat is absurd.

 

pubby

 

PS: I wonder if anyone remembers if Heath, who was elected to the Senate in 2004 and seeking his fourth term, had come out in favor of term limits. Something tells me he conveniently changed his position on that one.

[doraville]

... Regardless, you didn't have to be a genius to figure that if you were trying to put a west Hiram bypass (in part to save the school's butt who had purchased property for Hiram High kind of out of the way) it would be best to complete the intersection at 120. While there may be an appearance of impropriety, I've talked with Bill Carruth about that and he swears if Thomas Aiken did that because of inside information, it was the first time he ever listened to him...

Boy, that's quite a tome that you've spun there. After reading all that, I now realize that it was probably just a coincidence that Carruth's family bought that land before the county's plans became public.

 

I'm sure that it is also just a coincidence that two new roads proposed by our Commissioner Chairman run right through the middle of investment property owned by a major campaign contributor to several of our sitting Commissioners (including the Chairman). Follow the money people, follow the money.

 

...But to suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate because this is Bill Heath's seat is absurd...

I agree with you on that; to suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate because this is Bill Heath's seat would be absurd. To suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate District 31 because he doesn't live in the District is not only rational, it is the law.

 

Folks, this kind of activity is going to continue in our county until the people stand up and call them out on it. I think that we all owe Mr. Houston a huge debt for having the courage to stand up to a rich and powerful political machine.

-DV

[LPPT]

ST:

 

Mr. Heath did NOT introduce such legislation; rather, he killed the legislation to protect little girls from genital mutilation. Senator Untermann introduced a bill outlawing the practice. Near the end of the legislative session, Representative Bill Heath offered an amendment to Sen. Untermann's bill. The amendment proposed to incarcerate women for 20 years in prison if they chose to voluntarily pierce their own genitalia. Because the House and Senate could not reconcile the differences before the session ended, Senator Untermann's bill died that year. Thanks to Mr. Heath, the State was unable to protect minor children from this disgusting mutilation practice until Senator Untermann could reintroduce the bill the next year. At the time, this was the only legislation Mr. Heath had ever authored. Mr. Heath's priorities are seriously misguided.

 

Mason Rountree

 

I am so disturbed by this, the idea that even one more child might have suffered while waiting for this bill to be reintroduced makes me sick.

[doraville]

When an argument isn't going your way:

 

1. Argumentum ad hominem
   
2. If that doesn't work, try to change the subject.
   

[gpatt0n]

 

snip

 

I agree with you on that; to suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate because this is Bill Heath's seat would be absurd. To suggest that Bill Carruth is not within his rights to seek election to the Georgia State Senate District 31 because he doesn't live in the District is not only rational, it is the law.

 

snip

-DV

 

And the folks at the Secretary of State's office will determine if he meets the residency requirement or not. If they rule he is not qualified, they will disallow his candidacy and I think if that happens, that happens.

 

But if they rule he is qualified, he is qualified and he lives closer - regardless of residence - to the majority of residents in the district than Heath.

 

pubby

pubby

[NewsJunky]

And the folks at the Secretary of State's office will determine if he meets the residency requirement or not. If they rule he is not qualified, they will disallow his candidacy and I think if that happens, that happens.

 

But if they rule he is qualified, he is qualified and he lives closer - regardless of residence - to the majority of residents in the district than Heath.

 

pubby

pubby

When is the hearing?

[Mason Rountree]

Follow the money people, follow the money.

-DV

 

 

Did you follow the money on Bill Heath's last campaign disclosure in 2012? In summary, 95% of the donors came from special interests and PAC's. Only one contribution (representing about 1% of the money he received from all donors in 2012) came from a person who actually lives in the 31st Senate District. Where is the incredulity? It's probably why Sen. Heath refuses to support legislation limiting the amount of lobbyist gifts.

Edited June 10, 2012 by Pigpen

[doraville]

Beginning with this election cycle, all campaign contribution reports are available here. I would suggest that everyone read these for ALL the candidates that are running for office.

 

Keep in mind that to get around the $2500 limit they will often make contributions in the names of their relatives, employees, etc. The more you know about the county and who the power-brokers are, the more you will be able to see.

[zoocrew]

Beginning with this election cycle, all campaign contribution reports are available here. I would suggest that everyone read these for ALL the candidates that are running for office.

 

Keep in mind that to get around the $2500 limit they will often make contributions in the names of their relatives, employees, etc. The more you know about the county and who the power-brokers are, the more you will be able to see.

 

Money. Power. That's what some want.

 

And the voters are being manipulated to help get them there.

 

 

[NewsJunky]

I don't have a list. It'll just be whichever new clique is trying to take over.

 

Yep, that is the way I see it too. Oh wait, wouldn't that make the old clique the Good Ole Boys or would it make the old old clique the Good Ole Boys?

[NewsJunky]

And the folks at the Secretary of State's office will determine if he meets the residency requirement or not. If they rule he is not qualified, they will disallow his candidacy and I think if that happens, that happens.

 

But if they rule he is qualified, he is qualified and he lives closer - regardless of residence - to the majority of residents in the district than Heath.

 

pubby

pubby

 

I am having trouble figuring out how some folks can say Bill Carruth is so smart and can twist things to his advantage and in the next sentence say that he is stupid enough to sign a sworn statement that he is a resident of District 31 when it can be proved that he is not. I will be very interested in the outcome of this challenge. For some reason I don't think the man is that stupid.

[Wineguy]

Wow, I just looked at Heathe's contributors and I am appalled to see the Georgia Food Industry Association supported him. He was one of the biggest oppositions to the Sunday Sales Bill that the GFIA was supporting. I will be talking to them about this.

 

I will be interested to see who contributes to some of the newcomers to the race for the House and Senate. I just know Carruth and Heathe are both on my "Hell No" list.

[doraville]

Money. Power. That's what some want.

 

And the voters are being manipulated to help get them there.

 

That's exactly it. We're all just pawns in their little power and money game, and we're too stupid to see it.

[doraville]

I did a little search on Google maps. The first image below is a view of Carruth's 178-acre estate in South Paulding. I'm not sure where he is claiming his residency for the race, but The White Pages comes up with an address on Willow Pointe Dr. in Dallas, which is the second image below.

 

The word "credulity" has been thrown around several times in this thread, so I think I'll join in. Carruth's claim to live in the second location and not the first lacks "credulity". As someone said earlier, he's probably slick enough that he knows where the loopholes are in the event that his residency is challenged.

 

Regardless of what the Secretary of State decides, this is deception plan-and-simple. If you can't stand Heath, then vote for JK Rogers, but don't put someone with these kind of integrity issues back in office.

 

http://i.minus.com/ibemrbuCiMjVXQ.jpg

http://i.minus.com/iMnxubLgINIvd.jpg

Edited June 10, 2012 by Boss Hogg
Images are too large, please resize.

[TwoKidCircus]

Is Willow Pointe in Evans Mill or is that the neighborhood behind Hope Church?

[feelip]

I did a little search on Google maps. The first image below is a view of Carruth's 178-acre estate in South Paulding. I'm not sure where he is claiming his residency for the race, but The White Pages comes up with an address on Willow Pointe Dr. in Dallas, which is the second image below.

 

The word "credulity" has been thrown around several times in this thread, so I think I'll join in. Carruth's claim to live in the second location and not the first lacks "credulity". As someone said earlier, he's probably slick enough that he knows where the loopholes are in the event that his residency is challenged.

 

Regardless of what the Secretary of State decides, this is deception plan-and-simple. If you can't stand Heath, then vote for JK Rogers, but don't put someone with these kind of integrity issues back in office.

 

http://i.minus.com/ibemrbuCiMjVXQ.jpg

http://i.minus.com/iMnxubLgINIvd.jpg

 

 

I'll vote for JK Rogers if you will. I agree not to vote for a sneak if you agree not to vote for a religious fruitcake.

[Mrs G]

I smell smoke.....................

[lucky64]

I smell smoke.....................

 

I'll tell ya, this thread is dangerous. But Feelip is a hoot!!!

[doraville]

I'll vote for JK Rogers if you will. I agree not to vote for a sneak if you agree not to vote for a religious fruitcake.

 

I don't know enough about Rogers yet to say whether or not I will vote for him, but I will decide before the election. I am a Christian, and moral and ethical issues are important to me. Carruth's campaign claim to "Protect Christian family values" is laughable.

[feelip]

I don't know enough about Rogers yet to say whether or not I will vote for him, but I will decide before the election. I am a Christian, and moral and ethical issues are important to me. Carruth's campaign claim to "Protect Christian family values" is laughable.

 

 

I think I have heard this before. Who was that guy that was trying to pay the Atlanta Gas lady millions of our dollars for a little sumpn sumpn?

 

I don't really like to be around people that think they are a martyr for Jesus.

[doraville]

I think I have heard this before. Who was that guy that was trying to pay the Atlanta Gas lady millions of our dollars for a little sumpn sumpn?

 

I don't really like to be around people that think they are a martyr for Jesus.

 

I guess this is the point where everyone pounces on the person who openly admits he is a Christian. Go ahead; we're used to it.

 

The thing that baffles me is why Carruth didn't run for senate in the district that he DOES live in. Wouldn't that have been easier than committing fraud and opening himself up to a potential felony charge? Time and time again, we see these guys lie when the truth would have worked just as well.

[feelip]

I guess this is the point where everyone pounces on the person who openly admits he is a Christian. Go ahead; we're used to it.

 

 

 

That is the martyr syndrome I was talking about.

[LisaC]

Now I haven't visited with Carruth regarding the $1.95 million note that is apparently in default.

 

It was obviously a business deal that went bad. I saw from the note he pledged collateral so I'm pretty sure that the stock so-pledged ended up not being worth a lot because of the overall decline in value of assets. There was evidence that the principal was reduced by several hundred thousand and the amount owed was increased by the imposition of a punitive interest rate.

 

Obviously he didn't fight it. If he surrendered the stock which was pledged as collateral, what is owed at this point is a deficiency which would be like someone giving up their home to foreclosure and the bank, which had loaned $200,000 on the mortgage, sees the property valued at $70,000 and sues the homeowner for the remaining $130,000.

 

As I look at it, I do note that the judgement was entered on April 27, 2012. I think some folks have mentioned that there are questions about how quickly this passed through the system for one. Another aspect is that there was no 'answer' to the suit - it was a default judgment - meaning that there was no legal wrangling over the matter - no motions of this or that nature. That alone raises questions regarding proper notice if not good-old-boy maneuvering in Atlanta.

 

I've got to call you on this one, my friend. Not only was notice proper (as you can easily see on PACER, Carruth's attorneys filed for TWO extensions of time to respond to the Motion for Default. (See below).

 

2/9/12 - A Joint Motion to Extend Time for Filing a Response was filed by the parties.

 

2/13/12 - Extension granted

 

 

2/29/12 - Motion for Extension of Time for Filing a Response filed by the Carruths

 

2/29/12 - Extension granted through 3/20/12

 

After two extensions, Carruth still did not file a response to the Motion for Default, nor did they anything alleging that service was improper.

[LisaC]

Do we know if a hearing has been scheduled yet? According to the Secretary of State's website:

 

Upon the motion of the Secretary of State to challenge a candidate, or the filing of a challenge by a voter, the Secretary of State shall notify the candidate in writing that a challenge has been filed, the reasons stated for the challenge and advise that a hearing before an administrative law judge has been requested on the matter and that the candidate will be informed of the date, time and place of the hearing.

 

The Secretary of State shall make a determination as to whether the candidate is qualified to hold said office. The challenger or candidate has the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the final decision is rendered. The Secretary of State is required to provide a copy of the record of the proceedings to the court for judicial review. The judicial review is conducted by a judge without a jury and is confined to the record. No additional evidence or testimony is permitted. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision.

[NewsJunky]

Do we know if a hearing has been scheduled yet? According to the Secretary of State's website:

 

Upon the motion of the Secretary of State to challenge a candidate, or the filing of a challenge by a voter, the Secretary of State shall notify the candidate in writing that a challenge has been filed, the reasons stated for the challenge and advise that a hearing before an administrative law judge has been requested on the matter and that the candidate will be informed of the date, time and place of the hearing.

 

The Secretary of State shall make a determination as to whether the candidate is qualified to hold said office. The challenger or candidate has the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the final decision is rendered. The Secretary of State is required to provide a copy of the record of the proceedings to the court for judicial review. The judicial review is conducted by a judge without a jury and is confined to the record. No additional evidence or testimony is permitted. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision.

It will have to be soon because we vote in July and the names will have to be officially on the ballot. I would like to know what the hearing date is too.