10/15/2026
***Press Release on behalf of Dade County Board of Elections & Registration***
FORMAL NOTICE OF DETERMINATION OF
INSUFFICIENCY
Applications for Recall Petitions
Date: 10-15-2026
TO:
• Don Townsend, Dade County Executive
• Melissa Bradford, District 4 County Commissioner
• Melenda Varnell, Petition Chairperson and Recall Application Sponsor
FROM: Dade County Board of Elections & Registration
RE: Determination of Legal Insufficiency of Recall Applications Submitted October 8, 2026
I. AUTHORITY AND PURPOSE
The Dade County Board of Elections & Registration (hereinafter referred to as the "Board"), acting in its capacity as Election Superintendent for Dade County, Georgia, has conducted a review of two applications for recall petitions submitted by petition sponsor Melenda Varnell on October 8, 2026.
The applications seek the recall of the following elected county officials:
1. Don Townsend, Dade County Executive.
2. Melissa Bradford, District 4 County Commissioner.
The Board's review has been conducted pursuant to the Georgia Recall Act of 1989, O.C.G.A. § 21-4-1 et seq., including the requirements governing recall applications under O.C.G.A. §21-4-5. In conducting its review, the Board has considered the applications as submitted, the statutory requirements for completeness, documented observations concerning the submission of the
applications, and the legal guidance provided by County Attorney J. Robin Rogers.
II. FINDINGS OF FACT
Finding No. 1 — Failure to Identify the Office of the Officials Sought to Be Recalled
Upon examination of both recall applications, the Board identified that the names of the elected officials sought to be recalled were included on the application sheets.
However, the applications failed to identify the respective public offices held by those individuals in the designated section requiring the "Name and Office" of the person sought to be recalled.
Specifically:
Application A — Don Townsend
The application sheets identified Don Townsend by name but omitted the designation of his public office as Dade County Executive in the required portion of the application.
Application B — Melissa Bradford
The application sheets identified Melissa Bradford by name but omitted the designation of her public office as District 4 County Commissioner in the required portion of the application.
O.C.G.A. § 21-4-5(b)(1)(A) requires an application to include the name and office of the person sought to be recalled.
Additionally, O.C.G.A. § 21-4-5(b)(1)(D) prescribes a statement identifying the name and office of the elected official.
In his written legal opinion dated October 15, 2026, County Attorney J. Robin Rogers advised that an application page failing to include the required name and office is incomplete and should not be considered.
Based upon the foregoing, and subject to the Board's final review of the complete contents of each application, the Board finds that the omission of the required office designation constitutes a failure to satisfy a mandatory statutory element of the recall application.
Finding No. 2 — Ex*****on and Notarization of Required Affidavits
The Board further examined the circumstances surrounding the ex*****on and notarization of the affidavits associated with both recall applications.
On October 8, 2026, at approximately 3:00 PM, petition sponsor Melenda Varnell appeared at the Dade County Elections Office and presented the two recall application packets for examination.
Present during this interaction were:
• Jason Oliver, Elections Supervisor;
• Linda Breedlove, Board Chairperson; and
• Phyllis Kouns, Board Member.
During the initial examination, the Board representatives observed that Ms. Varnell had already signed the application affidavit sheets and that certain sheets also contained signatures of individuals who had assisted in circulating the applications.
At the time of the initial presentation, none of the affidavit sheets contained completed notarial signatures or stamps.
After the absence of notarization was brought to Ms. Varnell's attention, she inquired whether a notary public was available at the Elections Office.
Upon being informed that no notary was available, Ms. Varnell requested the return of both application packets and departed the office to obtain notarization.
Approximately 15 minutes later, Ms. Varnell returned with both application packets bearing notarial signatures and stamps.
The signatures of Ms. Varnell and the applicable circulators had already appeared on the sheets during the initial examination.
O.C.G.A. § 21-4-5(b)(1)(E) requires sworn affidavits by the petition chairperson and the persons circulating recall applications.
The Board recognizes that the ex*****on of signatures before notarization does not, standing alone, conclusively establish that a valid oath or affirmation was not subsequently administered.
Accordingly, the Board has requested supplemental legal review concerning whether the affidavits were properly executed, whether the required individuals personally appeared before the notary, and whether the applicable statutory requirements were satisfied.
The legal sufficiency and consequences of the notarization procedures remain subject to the County Attorney's supplemental written determination.
III. CONCLUSIONS OF LAW
Conclusion No. 1 — Mandatory Identification Requirements
O.C.G.A. § 21-4-5(b)(1)(A) requires that an application identify both the name and office of the public official sought to be recalled.
O.C.G.A. § 21-4-5(b)(1)(D) further prescribes the identification of the name and office within the required recall statement.
The Board finds that the omission of the office designation from the required portions of the application sheets constitutes noncompliance with the statutory application requirements, subject to confirmation that the omitted information does not otherwise appear in a legally sufficient manner on the relevant sheets.
Conclusion No. 2 — Required Sworn Affidavits
O.C.G.A. § 21-4-5(b)(1)(E) requires the ex*****on of sworn affidavits by the petition chairperson and applicable circulators.
The Board has documented circumstances concerning the signing and subsequent notarization of the affidavit sheets that warrant further legal examination.
Any conclusion that these affidavits are legally defective, or that the associated application sheets must be excluded, shall depend upon the County Attorney's supplemental legal opinion and any additional evidence properly obtained.
IV. PROPOSED DETERMINATION OF THE BOARD
Upon consideration of the applications and the legal requirements of O.C.G.A. § 21-4-5, the Board proposes the following determinations, subject to formal Board action and final legal review:
A. Recall Application Concerning Don Townsend
The Board determines that the application seeking the recall of Don Townsend, Dade County Executive, fails to satisfy the mandatory office-identification requirements of O.C.G.A. § 21-45(b)(1)(A) and (D).
Accordingly, provided that the Board confirms the omission renders the application legally insufficient as a whole, the application shall be certified as legally insufficient under O.C.G.A. § 21-4-5(f)(2).
B. Recall Application Concerning Melissa Bradford
The Board determines that the application seeking the recall of Melissa Bradford, District 4 County Commissioner, fails to satisfy the mandatory office-identification requirements of O.C.G.A. § 21-4-5(b)(1)(A) and (D).
Accordingly, provided that the Board confirms the omission renders the application legally insufficient as a whole, the application shall be certified as legally insufficient under O.C.G.A. § 21-4-5(f)(2).
C. Supplemental Notarization Findings
The Board's documented concerns regarding the notarization of the affidavits shall be preserved in the official record and remain subject to the supplemental legal review requested from County Attorney J. Robin Rogers.
Unless and until the Board receives a sufficient legal and factual basis for finding the affidavits invalid, those concerns shall not independently constitute a final determination of insufficiency.
V. EFFECT OF CERTIFICATION
Upon final adoption of a determination of legal insufficiency for each application, no official recall petition forms shall be issued based upon the respective insufficient application.
This determination concerns only the legal sufficiency of the applications presented and does not constitute a determination regarding the truth or merits of the allegations made against either elected official.
VI. OFFICIAL NOTICE
Notice of the Board's final determination shall be provided to:
• Don Townsend, Dade County Executive;
• Melissa Bradford, District 4 County Commissioner; and
• Melenda Varnell, Petition Chairperson and Recall Application Sponsor.
VII. CERTIFICATION AND BOARD ACTION
The foregoing determination was considered and adopted by the Dade County Board of Elections & Registration at a duly convened meeting held on: 10-15-2026.
Board Action: FORMAL NOTICE OF DETERMINATION OF INSUFFICIENCY
Motion Made By: Linda Breedlove – BOE Chair
Seconded By: Phyllis Kouns – NP Board Member
Vote: 5 In Favor / 0 Opposed / 0Abstentions
DADE COUNTY BOARD OF ELECTIONS & REGISTRATION
Linda Breedlove
Board Chairperson
Date: 10-15-2026
Jason Oliver
Elections Supervisor
Date: 10-15-2026
Reviewed for Legal Sufficiency:
J. Robin Rogers
Dade County Attorney
Date: 10-15-2026
