Davis is one of three Republican candidates vying to replace retiring Cobb Superior Court Clerk Jay Stephenson.
Marietta attorney Alan Manheim made the request in a June 5 letter on behalf of his client, Barry J. Schwartz, who lives in the Cumberland area.
Manheim points out in his letter that election rules call for candidates seeking that position to certify the name of who they will appoint as deputy clerk in the event of being elected.
Manheim said Davis listed the existing chief deputy clerk, Elva Dornbusch, as her running mate. Yet one of the other three candidates for superior court clerk, John Skelton of Kennesaw, already listed Dornbusch as his running mate.
“Since Ms. Davis never even asked Ms. Dornbusch about being listed as her chief deputy clerk and because Ms. Dornbusch would never accept being same if Ms. Davis is elected, this constitutes a fraud upon the electorate,” Manheim writes. “Moreover, since Ms. Dornbusch is the chosen chief deputy clerk of Mr. Skelton and has agreed to serve and run for office with him, it would be confusing to the electorate and quite misleading for Ms. Davis to attempt to defraud the electorate into believing that Ms. Dornbusch would be her chief deputy clerk. In effect, listing Ms. Dornbusch as chief deputy clerk for both candidates usurps the good will and drawing power of Mr. Skelton having Ms. Dornbusch on the ticket with him.”
Manheim also objects to Davis listing her occupation as “lawyer” in her qualifying papers.
Davis was disbarred by the Supreme Court of Georgia earlier this year for failing to properly represent a client.
“She cannot practice law in Georgia and her profession, business and occupation cannot be as a ‘lawyer’ in this state,” he writes. “To suggest otherwise by Ms. Davis is likewise a misleading and perhaps fraudulent misrepresentation or lack of truthful representation.”
Davis dismissed both objections.
“So I would appoint the existing deputy. I don’t see anything that says you can’t do that,” Davis said. “Second of all, it goes on to say that they object to me putting ‘lawyer’ on that disclosure that we filed. Now, I have a law degree, I’m looking at it on my wall right here, so I’m a lawyer. I don’t understand their objection. I’m admitted in Pennsylvania, that’s where I went to law school. I’m admitted in Maine, that’s where my mom lives, and I’m admitted in Hawaii.”
Davis said Manheim is misinformed.
“It may be, and I don’t know this, it may be that if Ms. Dornbusch says the people she’s rooting for, say they don’t win. She might quit,” Davis said. “That’s fine, then you’d have to move on to somebody else.”
Davis said she spoke with Dornbusch prior to qualifying for office “and told her that in the event I would be elected I would like to appoint her.”
“Did she have any problem with it? She said, ‘no.’ She did tell me — she didn’t keep it a secret — she said, ‘you know, I’m supporting John,’ and I understood that, but if John is elected then he would appoint her. … Both of us can’t be elected, so I don’t see it as a problem.”
Dornbusch disputes Davis’ account of that conversation.
Dornbusch said Davis called her office on May 22 to ask if it was legal to put the name of the existing deputy court clerk – her — as Davis’s running mate.
“I said, ‘if you’re going to qualify, are you qualifying as a Democrat or a Republican,’ and at the time she didn’t know it was partisan, and I said, ‘well, that’s a question you need to ask the party, whichever party you’re qualifying,” Dornbusch said. “We never discussed John Skelton. She never said anything about John Skelton to me. And I never said that I didn’t have a problem in the event that she prevailed and that I would support her or I would work for her. ... She never offered me the position.”
Dornbusch said she was outraged by Davis’s actions.
“I feel like she took my identity, she took my name, and she didn’t have a right to do that,” Dornbusch said. “She never offered me the job. … But no, I will not work for Ms. Davis. I have no intention of working for her or being her chief deputy or the janitor in the office.”
The Board of Elections will consider the challenge to Davis being on the ballot at 4 p.m. on Monday at 736 Whitlock Ave. in Marietta.