A judge from neighboring Houston County has rejected the efforts of two disqualified Bibb County sheriff candidates who were trying to get themselves back on the ballot for this month’s election.
Judge George Nunn took over lawsuits filed by candidates Marshall Hughes and Ronald Rodgers, who had been ruled ineligible for the election by the Macon-Bibb County Board of Elections. In separate lawsuits, Hughes and Rodgers said they were incorrectly disqualified and they wanted the courts to get them back in the race. Nunn, who ruled on both cases after a hearing Thursday, disagreed.
Rodgers and Hughes were disqualified because they didn’t provide necessary fingerprints and background checks when they qualified for the race, according to court records.
But Rodgers argued that he provided documents showing he completed all required measures to qualify for candidacy. Additionally, he said his fingerprints were done previously and were available in a database that the Board of Elections uses.
On the other hand, Hughes alleged that there was “disparate treatment” between candidates that harmed him, because another candidate was warned that he was missing necessary information to qualify but Hughes wasn’t.
Jeremy Berry, Hughes’ attorney, said during the hearing Thursday that both candidates were qualified based on “substantial compliance,” citing a state statute on election qualification issues . Barry said the missing information was “a mere procedural step” and the two had filed the necessary documents to be eligible.
Berry emphasized that three candidates were treated differently by the Board of Elections during the qualifying period, with one of the candidates getting advice to have his fingerprints done. Berry called that an “abuse of discretion.”
John Bey, representing Rodgers in the case, said Rodgers wasn’t given any advice on what additional information he needed to turn in until it was too late.
“Nobody tells him he needed to do his fingerprints,” argued Bey.
Bey said the board’s decision to disqualify Rodgers “wasn’t a close call,” and that most members wanted to keep him on the ballot before officially disqualifying him.
Ultimately, Bey urged the judge to let the people of Bibb County challenge the candidates themselves if a candidate did not qualify for sheriff and to reverse the decision so he could be included in the ballot.
William Nolan, attorney for the Board of Elections, said the cases were “clear and simple.”
Nolan said the document both candidates turned in stated that fingerprints and background checks were required for qualification and that the leader for the Board of Elections was “entitled to assume” that Hughes had completed those requirements when he asked. They were also signed under oath and had three business days to turn in the fingerprints and background checks, according to Nolan.
“There’s no wrong advice, but it doesn’t excuse you,” said Nolan.
Additionally, a staff member sent an email in February reminding the potential candidates of the requirements to run for sheriff, according to Nolan.
He even mentioned that current Sheriff David Davis had to get his fingerprints and background checks done to qualify for candidacy.
“I’m defending their decision because it was legally correct under plain language,” said Nolan of the board’s decision.
Berry, attempting to refute Nolan’s argument, said the board should have advised all candidates the same way about what documents they needed.
Bey also argued that “if everything were plain language, I wouldn’t have a job and this courthouse wouldn’t exist.”
Nunn said he understood the candidates’ arguments but he agreed with the board, keeping both candidates disqualified.
Most Popular
Comments / 0