State judge: Frank Austin ineligible for State House District 142 seat

ATLANTA, Georgia (41NBC/WMGT) – The Georgia Office of State Administrative Hearings ruled Frank Austin isn’t eligible to run for the State House District 142 seat.

When the complaint was first filed, Austin argued he was eligible to run for the position because he owned two homes. One was in the district. The other wasn’t. He claimed he lived in the Bethesda Avenue home located in District 142 since 2014.

Austin qualified to run for the position, but his competitor, Gerald Harvey, challenged the qualification after learning Austin may not meet the constitutional and statutory residency requirements. A candidate must have a legal residence in the district for at least one year.

The judge ruled Austin didn’t live in the Bethesda Avenue home for at least a year for the following reasons:

• The Bethesda Avenue home was without water service for more than eleven months out of the past year
• Documentary evidence suggests Austin did not resume living in the Bethesda Avenue home until sometime during the first three months of 2016
• Austin’s testimony was frequently vague and evasive

The court concluded Austin was a resident of the Bethesda Avenue home from 2004 until August of 2006. That’s when he changed his residence to the home outside District 142, according to the court’s decision.

The decision says Austin formed the intent to return to the Bethesda Avenue home in January 2016 when he updated his address with him employer and driver’s license. The court believes Austin physically resumed living in the Bethesda Avenue home on or near March 11, 2016 because that’s the day water service was restored to the residence.

Austin plans to seek legal assistance and file an appeal.