McIntosh County sues to stop Sapelo Island referendum as early voting gets underway

MCINTOSH COUNTY, Ga. (WTOC) - The fate of a special election in McIntosh County lies in the hands of a judge.

This all stems from the ongoing legal battles surrounding a zoning decision on Sapelo Island last year.

You may remember in July, activists and Sapelo Island descendants collected enough signatures to trigger a referendum to repeal a zoning ordinance that would allow for larger homes to be built in the island’s Gullah Geechee community.

Probate Judge Harold Webster certified those signatures, which triggered a special election slated for October 1.

McIntosh County then filed a lawsuit against Judge Webster, stating he does not have the authority to authorize an election. A judge from outside of the county held a hearing in this case on Friday.

Judge Gary McCorvey was brought in from outside McIntosh County to preside over this case since one of the defendants is a judge himself. McCorvey did not make a decision on whether to dismiss the case Friday. All this, as early voting for the referendum is actively underway.

More than 600 McIntosh County voters have already cast their ballots in the special election, according to the county’s board of elections, as a lawsuit seeks to prevent the election from counting.

“I have advised that I think this referendum is illegal, don’t fund it. I’ve advised McIntosh County to the extent the referendum overturns the Hog Hammock zoning district, pay no attention, because it’s illegal,” said Ken Jarrard, attorney for McIntosh County.

The attorney for McIntosh County argues that Judge Harold Webster did not have the authority to certify the more than 1,800 petition signatures submitted and schedule a special election, stating the procedure for referendums doesn’t apply to zoning.

Meanwhile, Judge Webster’s attorney argues he’s following the law.

“He is a neutral. He is carrying out duties subscribed to him in the Georgia Constitution. He is not a party in controversy,” said Kellye Moore, attorney for Judge Harold Webster.

Sapelo Island residents and descendants were in the courtroom Friday and say they have continued concern if the election is stopped, and the zoning ordinance is allowed to remain in place.

“I think it’s important, because if they were to throw it out, and build these houses as big as they want, Sapelo would end up being another Daufuskie or Hilton Head. You know, the people couldn’t afford to live there anymore,” said Yvonne Grovner, lives on Sapelo Island.

The county’s election supervisor estimates Election Day on October 1 could cost the county up to $30,000 the day of, not including early voting.

Judge McCorvey acknowledged in court he will work over the weekend to analyze both arguments presented in court Friday.

Judge McCorvey says he promises a decision before election day on October 1. Meanwhile, early voting in the county will continue at the McIntosh County Election Board office.