May 4, 2016 5:52 PM

SOS Kemp Disqualifies One Candidate and Affirms Another

By Lawton Sack 2016 Elections, Secretary of State 0 Comments

From a press release from Secretary of State Brian Kemp:

Today Secretary of State Brian Kemp issued his final decision in candidate challenges for two contests on the upcoming May 24 General Primary and Nonpartisan Election ballot.

To initiate a candidate challenge, an elector residing within a district must submit a complaint to the Secretary of State’s office alleging grounds for the disqualification of a candidate. The Secretary of State may also initiate a challenge upon his or her own motion.

The Secretary of State’s office then requests a hearing at the Office of State Administrative Hearings where the challenged candidate may present evidence establishing his or her qualifications for the office. An OSAH judge reports his or her findings on the evidence to the Secretary of State who determines whether a candidate is qualified or not qualified to remain on the ballot.

Secretary of State Brian Kemp v. Steve Reighard

On May 3, 2016, Judge Stephanie Howells of the Office of State Administrative Hearings entered an initial decision that Steve Reighard is not qualified to seek election to Georgia House District 167. Today Secretary Kemp formally adopted the Judge’s findings of fact and conclusions of law and disqualified Mr. Reighard as a candidate in House District 167.

Since there is insufficient time to strike the Respondent’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of Respondent and all votes cast for Respondent shall be void and shall not be counted. See O.C.G.A. § 21-2-5(c).

Sheikh Rahman v. Perry Green

On May 2, 2016, Judge Kristin Miller of the Office of State Administrative Hearings entered an initial decision that Perry Green is qualified to seek election to Georgia House District 105. Today Secretary Kemp formally adopted the Judge’s findings of fact and conclusions of law and deemed Mr. Green qualified to run as a candidate in House District 105.

You can view the initial decisions and final decisions, which include the facts and challenges of the two cases, after the break.