HOUSTON COUNTY, Ga. — In Houston County, William Kendall has served as the acting district attorney since George Hartwig abruptly resigned months into a 4-year term.
Last August, Governor Brian Kemp's office encouraged candidates to apply. Erikka Williams is one of those who asked to replace Hartwig, but she says the governor has taken away the voters' voice for the next two years.
Williams worked under Hartwig, Houston County's former district attorney.
She even ran against him in 2020. She wants to run again, but says the governor has made that impossible right now.
"Once the governor makes an appointment, that should trigger a special election, except under Georgia law, there is a specific statute that relates to district attorneys," she said.
That statute is under the Georgia code 45-5-3.2. It says the appointed DA will serve until January of the following year and then there will be a special election six months after the date of appointment.
"Because the person that the governor announced an intention to appoint doesn’t meet the minimum statutory qualifications to hold the office, he cannot be sworn in until May," she said.
That person is William Kendall. He's been the acting DA in Houston County for months, but is not officially the "interim" replacement.
Kemp announced in January that he wanted to appoint Kendall, but the governor timed it so Kendall won’t officially become interim DA until May.
The six-month window after that means there can't be a special election by November, and the Georgia Secretary of State's office says that means no special election until 2024.
As Williams calls Kemp's non-appointment "voter suppression," Kendall disagrees.
"There's no hiding here, there's no malicious intent, this is not a way to suppress voters,” Kendall said.
Kendall says he's been transparent about his qualifications and that he can't officially fill the job until this spring.
"It’s very clear, not only that it's public information -- you can go to the bar website and search my name and see everything about me -- there’s no hiding here, there’s no malicious intent," he said.
Georgia says even to become an interim DA, you must live in the state, be at least 25 years old, live in the area, and practice law for at least three years. Kendall marks three years as a lawyer in May, and that's why Kemp's appointment can't take effect until then.
“What we're actually talking about is statutory qualifications -- not qualifications to do the job, but do the job under the Constitution, and right now, I’m the acting district attorney and I qualify for that position, not only statutorily but because of the person I am and the job that I’ve done,” Kendall said.
The Secretary of State’s office, who is in charge of the special election, says there will not be one this year due to the timing of the intended appointment.