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Judge decides two Macon-Bibb sheriff candidates are disqualified from running in May election

Ron Rodgers and Marshall Hughes attempted to appeal it on Tuesday in Superior Court.

MACON, Ga. — On Thursday, a judge in Bibb County Superior Court ruled to uphold a decision that disqualified two men from running in the Bibb County Sheriff's Race.

Ron Rodgers and Marshall Hughes were disqualified back in March by the Bibb County Board of Elections. The Board said they failed to complete the necessary steps to run by the deadline. 

For almost two hours, attorneys for Hughes, Rodgers, and the county argued their cases before Judge George Nunn, previously chief judge out in Houston County. While he retired in 2016, he was appointed to the case because all Bibb County Superior judges recused themselves.

Immediately after the hearing, the judge thanked everybody for sharing their arguments but ultimately decided the Bibb County Board of Elections did not make an errors in disqualifying them. 

Jeremy Berry represented Marshall Hughes. 

"The decision for the board of elections was both clearly erroneous and arbitrary and capricious... characterized by an abuse of discretion," Berry said. 

Part of the reason the board disqualified the men in March was they didn't submit their fingerprints on time despite signing an oath saying they would.

Macon-Bibb County's attorney William Noland argued they had no excuses not to know about the deadline. 

"Both candidates acknowledged it's on the state secretary's website. It tells you... all the qualifications," Noland said. 

He also said a board of elections employee emailed the candidates about it. One candidate said it went to spam, and the other said they didn't see it. 

The attorneys for the candidates argued that another candidate for sheriff, DeAndre Hall, got special treatment when he was in a similar position. They argued an election board employee guided Hall to get his fingerprints done after Hall tried to submit the wrong form. 

The judge said that can't be compared to their situation. 

After the hearing, Rodgers said he's going to learn from his mistakes. He says he plans to run for sheriff again, but he says he will stay involved in law enforcement regardless. 

"And not just to wait until then, but whatever it is the incoming sheriff needs me to do, there's a lot that has to be done," Rodgers said. 

Hughes' lawyer released a statement about the decision:

"We continue to believe the Board's 3-2 vote to disqualify Mr. Hughes was an abuse of discretion, but he accepts the court's decision and will not further appeal. Although Mr. Hughes won't be on the ballot, he remains committed to the people of Macon-Bibb County having the best possible representation for Sheriff."

Unless both Hughes and Rodgers successfully appeal before the May 21 Primary Election, Bibb County voters will chose from four candidates for sheriff. On the ballot are incumbent Sheriff David Davis, Chris Patterson, DeAndre Hall and Christopher Paul.

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