MONTICELLO — Election commissioners here declined Monday tocertify one of nine candidates in the special election for JusticeCourt Judge Post 2.

Loraine Smith, election commissioner for district 3, said thepanel voted unanimously to deny Albert Turnage’s candidacy becausehe failed to meet the requirements of the post. Turnage lives inpost 1.

Turnage said in his research of the laws governing the residencyof candidates that he still believes he is qualified but has notdecided how to respond.

“I’ll take a day or two to decide what I’m going to do next onit,” Turnage said. “I know I need to decide quickly. The electionis coming up fast.”

According to Turnage, the State Constitution of 1890 statescandidates must be a resident of the district, but when it wasamended in 1979 the word district was changed to county, therebyopening the office to all county residents.

The Office of the Secretary of State, which oversees elections,and the Attorney General’s Office, however, believe otherwise.

According to an AG’s opinion issued in June 1997, justice courtjudge candidates “must be lawful residents of the district theyseek to serve.”

David Blount, communications director for the State Department,said they agree with the AG’s opinion.

The opinion of the attorney general, Turnage said, is not reallyrelevant to the issue.

“I know that’s not the law,” he said. “An AG’s opinion is notbinding like a law.”

If he decided to pursue his campaign, Turnage said, the nextstep would be to enter a Petition for Review. Under the Petitionfor Review, he said, a circuit court judge could reverse or affirmthe decision of the election commissioners.

Turnage had been serving as the interim judge since Jan. 5 whenhe was appointed by the Board of Supervisors. He had served as thecounty attorney from 1996-2000. The appointment became necessaryafter Justice Court Judge Maxie Carey Rutland died in late December1999 after winning re-election in November. Rutland had served thepost for more than two decades.

Turnage’s denial of certification leaves eight candidates forthe post. Other candidates include James H. Ard, James E. “Jamie”Givens Jr., Verla Davis Dillon, Gregory L. May, Curtis “Curt”Brister, James “Sandy” Brister, Donald Glen “Donnie” Mullins andHomer Sutton.

The offices of school board members and election commissionerswere filled with Friday’s qualifying deadline when no challengersregistered. Incumbents remained in their posts with the exceptionof School Board District 4 because incumbent Denise Bishop decidednot to seek re-election. Jack J. Wellborn Sr. won the postunopposed.