MACON, Ga. — One of two candidates disqualified from running for Bibb County sheriff has decided to appeal Wednesday's Macon-Bibb Board of Elections decision.
Marshall Hughes and his attorney, Joseph Siegelman, want a judge to decide whether he can stay in the race. Siegelman Wednesday pointed to a 2016 case in Muscogee County where Donna Tompkins, disqualified over a similar paperwork issue, appealed her disqualification and won the sheriff race.
Judge Gary McCorvey issued a nearly identical ruling in 2016 for Mark LaJoye, who was also disqualified from the sheriff race in Muscogee County for the same problem.
"He made, in my opinion, made the right, qualified decision to put us back into the election," LaJoye said.
He remembers defending himself from disqualification well.
"We were going right up to the primary. Eight days prior to the primary, we were deciding whether we were qualified to run in a race or not," he said.
LaJoye's and Tompkins' cases were a bit different from Hughes' and Ron Rodgers' cases. The Muscogee County Board of Elections found the two did not submit an affidavit affirming their education records within three days of the close of qualifying. LaJoye says he submitted another affidavit required at the time of qualifying that includes that information.
"There it is! Right there, you signed it," he said, pointing to the document. "This is an affidavit. But then, they're saying you need to have an additional affidavit. For what?"
It's the same document Hughes and Rodgers signed when they qualified saying they'd get their fingerprints and background checks done.
In the 2016 case, Judge McCorvey decided the important thing was that the two candidates turned the information in — not the time frame. McCorvey also found that in the context of the law, 'shall' doesn't mean 'must.' In his ruling, he wrote judges must look at laws as broadly as possible in favor of the candidate appealing.
In a statement, Siegelman said they believe the board got their decision wrong. So far, Hughes has not officially appealed.
Early voting starts April 29 for the May 21 primary election.
You can read Siegelman's full statement here:
"The Board acknowledged that Marshall Hughes possesses all attributes legally required to be Sheriff, yet voted 3-2 to disqualify him anyway for a minor procedural misstep. We believe the Board got it wrong, and we intend to appeal the decision."
After Wednesday's hearing, Rodgers also sent a statement:
“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."