Gwinnett Daily Post

LAWRENCEVILLE -- Chairman Charles Bannister has formally objected to a recall petition application against him.

While the county elections board certified the application Thursday, signing off on 138 of the 153 signatures gathered by Randy DeVault, the process will not move forward until a judge hears Bannister's objections.

"I can't wait for it to get started," said DeVault, a Dacula man who said Bannister acted with malfeasance in recent controversial millage rate and trash votes.

Bannister, who was elected chairman in 2004 after three decades in city and state politics, declined to comment further on the recall process.

Last week, he said, "The economy is bad and our citizens are mad. There is no issue that would give legitimacy to a recall."

In a petition filed in Gwinnett Superior Court, Bannister asks that the elections director be enjoined from issuing a recall petition and that DeVault pay attorney's fees. The court document said the application does not provide any details or facts for acts of malfeasance.

"All of (DeVault's) alleged supporting facts are either mere conclusions lacking reasonable particularity or fail to allege conduct which would constitute one of the statutory grounds for recall," it says.

The application is the first to be certified since 1990, when allegations were brought against then-Chairwoman Lillian Webb. According to Elections Director Lynn Ledford, the petition failed because of a lack of signatures.

If the recall petition is granted, DeVault will have 45 days to gather 115,034 signatures, or 30 percent of the electorate, before a recall would be brought to a vote.