Floyd County Police Chief Mark Wallace, Floyd County Attorney Virgina Harman (McRae, Smith, Peek, Harman and Monroe), along with County Commissions Allison Watters, Larry Maxey, Wright Bagby, Rhonda Wallace and Scotty Hancock have been sued for covering up election fraud by citizen Mark Swanson.
According to the suit, the defendants conspired to intentionally and maliciously have Swanson arrested without probable cause for speaking at a county commission meeting for over three minutes. Swanson argues that the arrest comes from them wanting to cover up evidence he had obtained about election fraud.
Swanson says that he requested records from Floyd County officials through the Open Records Act, including a significant number of seemly deficient response. Swanson then claims that Floyd County was not in compliance with numerous election recordkeeping requirements.
Swanson then requested that Floyd County Commissioners conduct an audit of the Floyd County Elections Officer after he discovered irregularities.
The suit then goes to say that Floyd County was then in violation of Georgia law by not retaining election-related material that the county appeared to not have given its ability to produce the items requested through the open records act.
Swanson then allegedly that Attorney Harmon was “purposely evasive and negligent in her handling of open record request”.
On January 2, 2023, Swanson senet an email to Harmon stating that he wanted to be added to the next county commission meeting. Again, he made at least three additional requests to be added to the agenda to discuss the opposition to the reappointment of Harmon and her law firm as partners of Floyd County.
The suit goes on to say that, unknown to Swanson, Harmon sent an email to Harmon and Floyd County Commissioners stating, “Commissioners and staff: I will Not be copying you with all Mark Swanson related emails but did want you to see the response below to the one where he demanded that Commissioners and others be present and film some record production. He is absolutely out of line. I do plan to give you a further update Tuesday in Executive session since he has threatened litigation against everyone and the kitchen sink about being kicked out of the State Election Board meeting in December. Given his harassing and threatening conduct of late, it is my recommendation that we be prepared to have him engage in some sort of histrionics on Tuesday and I am sure there will be extra media attention. I think some extra but well-chose security might be in order and a plan for how to deal with him if he goes beyond his allotted time in public participation.” – Virginia
The suit alleges that Swanson never harassed or made any threats, rather Harmon’s motive was to punish him for speaking against the interest of her firm, McRae, Smith, Peek, Harmon and Monroe LLP.
Swanson suit says that by her words of “extra media attention” reveals her intent to have the media there to publicize the planned arrest of himself.
Reports said that over a 12 month period before the January 10, 2023 meeting, approximately 38% of public participants at Floyd County Commission meetings went over their 3 minute allotted time without receiving approval to do so. None of those participates were arrested, or even removed.
Swanson said that he requested additional time to speak on numerous occasions and his request was never discussed in a caucus meeting.
Following the caucus meeting, the suit alleges that Floyd County Chief of Police, and bother-in-law to Commissioner Rhonda Wallace, Mark Wallace, was given an order to arrest Swanson if he speaks over 3 minutes.
The suit alleges that Mark Wallce agreed to participate (and to have his officers participate) in the execution of the plan despite the absence of probable cause.
When Swanson took the podium to speak he discusses his belief that additional time should be granted on free speech grounds when the commission informed him that he would not be given extra time. After a discussion on why additional time should be allotted, and he went behind three minutes, Swanson was arrested by Floyd County Police.
The suit then claims that the law in which he was arrested for O.C.G.A 16-11-34, had previously been ruled unconstitutional by the Georgia Supreme Court in 2006.
Swanson claims that the defendants in the suit worked together to violate his Fourth Amendment rights and constituted to his false arrest.
Swanson’s charges as of November 10, 2024 still have yet to be dropped by Floyd County District Attorney Leigh Patterson.
Patterson said, “no comment”, when reached for reply.
