COVINGTON, Ga. — City councilman Anthony Henderson recently resigned from his position as code enforcement officer for Newton County amid voter fraud allegations.
In February, The Covington News first reported Henderson was bound over by the State Election Board to the state Attorney General’s Office for criminal prosecution for election law violations in 2017.
Investigators alleged Henderson committed two counts of violating OCGA 21-2-562 (fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents) and a single count of violating OCGA 21-2-604 (criminal solicitation to commit election fraud; penalties). The violations are considered felonies and guilty parties are subject to significant penalties including jail time.
According to investigators, Henderson allegedly violated the laws when helping a handful of people register to vote in Covington’s municipal election, despite not being residents of the city.
Shortly after the case against Henderson was made public, the Newton County government placed Henderson on administrative leave from his position as code enforcement officer, pending the outcome of the case.
The Covington News recently filed an Open Records Request with the county government to confirm Henderson voluntarily resigned from his position May 18.
When The Covington News tried to reach Henderson for comments, he responded by quoting Bible verse Matthew 12:36 (NAB), “I tell you, on the day of judgment people will render an account for every careless word they speak.” He then directed questions related to the allegations and his resignation to his attorney, who did not immediately respond to an inquiry from The Covington News.
It remains unclear if Henderson’s decision to resign was related to the ongoing allegations or if he accepted a new job elsewhere.
Henderson was elected to West Ward Post 3 on the Covington City Council in 2017. He has remained active in his council position despite the election law violations case against him.
Removing Henderson from his council position would only happen by way of the governor’s office — not the city council — and only if indicted.
Henderson has not been indicted.
City Attorney Frank Turner Jr. confirmed that, according to state law, the process to remove any public official only begins if indicted for a felony by a grand jury. At that point Gov. Brian Kemp would appoint a review commission comprised of the state Attorney General and two city council members from somewhere in Georgia, not tied to the public official in question.
If the Attorney General were to bring the indictment against the public official, the governor would appoint a retired state Supreme Court Justice or a retired Court of Appeals judge to serve in his place.
Once assembled, Turner said the commission would write a report to the governor within 14 days, recommending to remove or suspend the public official from office.
Before a commission is appointed, the public official is allotted 14 days to, in writing, authorize the governor to suspend him or her from office. After suspended, the public official could petition the governor for a review. At that point, a commission would review the suspension and give the governor a report within 14 days to determine if the public official should be reinstated.
If suspension is recommended, the public official would be suspended until the case concludes or until the expiration of his or her term of office, whichever comes first.
If the public official is acquitted, or if after conviction it is later overturned, state law requires the public official be immediately reinstated.
Suspended public officials may continue receiving compensation from his or her office until initial conviction by the trial court. After the initial conviction, the public official is no longer entitled to compensation. If reinstated to office, the public official is entitled to received any compensation withheld.
The city council may appoint a temporary replacement if a public official is suspended. If the council chooses not to do so, the governor may appoint a replacement.
Upon final conviction, the office of the public official must be vacated immediately without further action. This may also result in an appointment to to serve the remaining term and/or result in holding a special election.
Henderson was believed to be one of the youngest candidates ever to run for city council four years ago. Henderson handily defeated Jeffrey Johnson and incumbent Ocie Franklin for the seat. Henderson finished with 273 votes; Johnson garnered 108; and Franklin with 92.
Henderson’s seat is up for election this fall. He has not publicly announced if he intends to pursue a second term.
