Linda Pierce email to Nancy Boren says opponent should have been disqualified
Superior Court Clerk Linda Pierce has sent an email to Muscogee Elections and Registration Director Nancy Boren stating that attorneys have said that her opponent in the May 24 municipal election should have been disqualified for filing inaccurate elections forms, and that “there are attorneys prepared to file in Superior now if necessary. …”
Pierce flatly denied that she is considering filing a lawsuit against Boren or the city over the issue.
“There were some attorneys who were wanting to do that, but I haven’t done it in all these years and don’t plan to,” Pierce said. “I have no interest in it. I trust the voters.
“There were some attorneys who were very concerned, but that’s not me. I just told them that we have to trust the people and the people will do the right thing.”
According to Pierce’s email, the challenge to the elections board was filed by Wane Hailes, publisher of The Courier, a local weekly newspaper. The problem arose because Hardman and Tax Commissioner Lula Huff filled in an incorrect date for the election on their qualifying affidavits. Instead of filling in May 24, they filled in the date that they qualified, Boren said. Copies of those affidavits downloaded from the city’s website confirm the error.
Pierce’s email to Boren was sent Wednesday morning and refers to local and “state level” attorneys who feel the candidates should have never have been qualified or placed on the ballot.
“I have spoken to a number of attorneys here and at the state level who agree the document is void on its face and should never have been accepted nor should Mrs. Hardman have been placed on a ballot she did not even request,” Pierce wrote.
Pierce would not identify any of the lawyers referenced in her email.
The email closes: “There are attorneys prepared to file in Superior Court now if necessary but it would seem prudent to determine if the Board has made a decision regarding the challenge made by Mr. Hailes. But due to time we have to know something before the end of the week.”
Pierce’s email was sent at 11:40 a.m. on Wednesday. At 11:54 a.m., Boren sent a reply:
“The Muscogee County Board of Elections met at the regular monthly meeting on May 5, 2016 and determined that the improper dates listed by candidate Ann Hardman and Tax Commissioner Lula Huff were clerical errors and not a disqualifying event. Minutes from this board meeting will be available at the next meeting of the Board of Elections. I trust this is responsive to your inquiry.”
City Attorney Clifton Fay said the mistake on the election form is a “clerical” error which does not rise to the level of disqualification. In fact, he said, the state law concerning such forms does not require that the date of the election even be on the form.
“The board of elections reviewed this issue for both Ms. Hardman and Lula Huff, tax commissioner, at their meeting last Thursday and determined that it was nothing more than a clerical error and not a disqualifying event,” Fay said.
The controversy over Hardman’s and Huff’s qualifying follows on the heels of all four challengers in the race for Muscogee County Sheriff being disqualified by the elections board for improper filings or failing to meet deadlines. Two, Democrats Pam Brown and Robert Keith Smith, appealed to Superior Court, but were denied. The other two, Democrat Donna Tompkins and Republican Mark LaJoye, are currently appealing their disqualifications. Darr is planning to run as an independent and has yet to qualify.
Boren said in her two decades with the elections office, she has never seen a season quite like this one.
“I’ve been doing this for 20 years and I don’t recall anything like this,” Boren said. “It’s definitely unique for my 20 years.”
Pierce is one of four local elected officials who have pending lawsuits against the city concerning budgeting issues.
This story was originally published May 12, 2016 at 2:03 PM with the headline "Linda Pierce email to Nancy Boren says opponent should have been disqualified."