MACON, Ga. — The Macon-Bibb County Board of Elections disqualified two candidates for Bibb County Sheriff in a 3-to-2 decision Wednesday afternoon.
After three hours, the board chose to disqualify Marshall Hughes and Ron Rodgers for failing to go to county probate court, get fingerprinted and get a background check, as required under Georgia Law.
Hughes and Rodgers are among five other candidates who are trying to replace Bibb County Sheriff David Davis, who is hoping to secure a fourth term.
The meeting was supposed to take place on March 27 but was then rescheduled for April 10.
Attorneys for the two say there's no question they didn't get that paperwork done in time, but they got it done about 10 days after the deadline, according to court documents.
But the lawyers say the two other times this has happened, in Muscogee County in 2016 and Cobb County in 2020, courts did not hold up disqualifications.
They say that's because the paperwork deadline, three days after the close of qualifying, should be required at the time of qualifying if it's really a requirement.
Meanwhile, the board's attorney, William Noland, says both candidates signed an affidavit saying they did or would do the required paperwork by the deadline.
Noland also says the board sent a reminder with all the qualifying information on Feb. 6.
John Bey, the attorney for Ron Rodgers, says their position is that Rodgers has been certified for over 30 years, background checked for over 30 years and fingerprinted for over 30 years.
Joseph Siegelman, the attorney for Marshall Hughes, says they want to give the people of Bibb County the greatest amount of choice.
When 13WMAZ talked to Hughes previously he recalled asking Elections Supervisor Tom Gillon if there was anything else he needed to complete.
"I said, 'Is there anything else I need or anything else I need to turn in?' He said, 'No, you're good. You're qualified.' So I left. My thing is I didn't get the same experience as the other candidates got," Hughes said.
He says nobody told him he didn't do all the paperwork until after qualification. Hughes claims an elections office worker stopped another candidate's process and sent him to do the required paperwork before allowing him to qualify.
Gillon declined an interview but said candidates must sign an affidavit when qualifying that says they've done or will do the paperwork at probate court within three days of the end of qualifying.
Rodgers sent 13WMAZ a statement after the decision:
"In light of the recent decision by the Board of Elections, I must express both my profound gratitude for the engagement and support of Macon-Bibb County's citizens and a deep sense of regret that the board's interpretation of the qualifications has led to my disqualification from the ballot. While this is a setback, it is by no means the end of our journey. The issues facing our community require the kind of change I am committed to bringing to the role of sheriff. We are currently exploring all available next steps, because the voice of Macon-Bibb deserves to be heard, and its concerns addressed with integrity, compassion, and innovative solutions. I remain dedicated to being a catalyst for positive change in our county, and I am thankful for the continuous support as we navigate this unexpected turn. Together, we will seek every possible avenue to ensure that our vision for a safer, more united Macon-Bibb can be realized."