MACON, Ga. — After a nearly three-hour hearing, the Bibb County Board of Elections voted to disqualify two candidates for sheriff.
Ron Rodgers and Marshall Hughes presented their cases Wednesday afternoon, but it wasn't enough to sway the board, which voted 3-2 to disqualify them. The board's attorney, William Noland, said the two did not complete required paperwork on time.
According to Georgia law, candidates for sheriff have until three business days after qualifying ends to get fingerprinted and complete a background check at county probate court. That's where the hang-up happened.
"As soon as the candidates were notified, they went to do what they were supposed to do," board member Karen Evans-Daniel, a Democrat, said as the board deliberated.
Rodgers and Hughes did eventually go to Bibb County Probate Court. Everything checked out, but it was 10 days after the end of qualifying.
Their attorneys argued Wednesday they were otherwise qualified to run and should stay on the ballot to give Maconites the most choices for sheriff.
"'Statutes which limit an individual's right to hold office must be construed broadly in favor of those seeking office,' OK? So, that's the law of the land," Joseph Siegelman, Hughes' attorney, said.
Siegelman and Rodgers' attorney, John Bey, said previous cases on the books proved they should stay on the ballot. They drew attention to a 2016 case in Muscogee County Superior Court and a 2020 case in Cobb County Superior Court. Both cases had similar circumstances to Rodgers' and Hughes'.
"If the legislature intended for these criteria to be part of the substantive qualifications that determine whether you can be qualified to run for sheriff, then it would not have been three days after the fact. It would been part of what has to be done by the date of qualifying," Siegelman said.
Noland didn't buy it. He said the two signed affidavits saying they'd already completed their fingerprinting and background check, or would do so by the deadline, at qualifying.
"No person shall be eligible to hold the office of sheriff unless such person is fingerprinted by the probate court," he said, citing Georgia law. "You don't want to enforce it."
Noland says the board also sent out a reminder to both candidates a month before qualifying to remind them of the extra requirements. He says while both men have the qualities to make a good sheriff, the board had a responsibility to enforce that rule.
That's what they wound up doing.
"For me, the right thing is to disqualify these gentlemen," Vice Chair Mike Kaplan said.
Siegelman and Bey say they're evaluating what to do next and could appeal the decision to Bibb County Superior Court.
Siegelman said he'd send a statement on Hughes' behalf after the hearing, but 13WMAZ has not received it yet.
Rodgers sent this 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."