Judge overrules disqualification of sheriff candidate Donna Tompkins

A day after overruling the county elections board and reinstating Republican Mark LaJoye as a candidate for sheriff, a Superior Court judge applied the same legal rationale for overturning Democrat Donna Tompkins’ disqualification.

Superior Court Judge Gary McCorvey ruled the board relied too heavily on the letter of the law and not its stated intent in disqualifying Tompkins on May 2, the same day it disqualified LaJoye.

Ken Henson, attorney for Tompkins, praised McCorvey for his prompt ruling and for cutting through to the intent of the law.

“As an attorney I really appreciate Judge McCorvey agreeing to take this case, coming to Columbus on such short notice and then spending time analyzing cases and statutes that he used in his 12-page order,” Henson said. “As a judge, he was able to construe the intent of statute, avoid an injustice and give the voters a choice in November for sheriff.”

The rulings come about a month after another Superior Court judge upheld disqualifications of two other Democratic candidates for sheriff who were also disqualified. Pam Brown and Robert Keith Smith were disqualified because they missed a deadline for submitting fingerprints for a mandatory background check.

The board on March 30 disqualified Brown and Smith, and another judge upheld those disqualifications on April 21, after they also appealed to Superior Court.

But they were disqualified for reasons that differ from the case of LaJoye and Tompkins: They failed to submit fingerprints for a criminal background check by a March 16 deadline, as the law requires.

The board decided to disqualify LaJoye and Tompkins for failing to comply with another section of the state law setting qualifications for sheriff candidates. The board ruled they neglected to provide certified copies of their birth certificates and file an affidavit swearing they graduated high school by the same March 16 deadline Brown and Smith faced to submit fingerprints.

Echoing his reasoning in LaJoye’s ruling, McCorvey wrote that the law setting standards for sheriff’s candidates had the stated intent of ensuring such candidates were qualified, and the local elections board did not contend Tompkins was not qualified, only that she failed to meet specific deadlines for filing paperwork.

If a candidate’s duly qualified, then a failure to follow legal procedures does not outweigh the law’s intent and the value of giving voters a choice, McCorvey wrote, quoting a court precedent:

“Words limiting the right of a person to hold office are to be given a liberal construction in favor of those seeking to hold office, in order that the public may have the benefit of choice from all those who are in fact and in law qualified.”

Added McCorvey: “As shown above, Georgia courts long, zealously guarded the right of a citizen to seek public office so that the public may have the benefit of choosing among those who are qualified.”

Citing other court precedents, the judge wrote that “the spirit or intention of the law prevails over the letter thereof,” and “it is the duty of the court to consider the results and consequences of any proposed construction and not so construe a statute as will result in unreasonable or absurd consequences not contemplated by the legislature.”

He ordered that all Democratic Primary votes for Tompkins be counted, and Tompkins’ name be removed from any voting poll notices of her disqualification. Like LaJoye, Tompkins has no primary opposition.

Elections director Nancy Boren said the board will meet at 2 p.m. Monday to review the judge’s rulings, which at this point mean all votes cast for LaJoye and Tompkins, including early votes, will be counted.

Because neither candidate has primary opposition, each needs only one vote to win the nomination, she said.

The county elections board’s disqualifying four candidates this year had left no viable challenger to incumbent John Darr, who plans to run as an Independent. He is not on Tuesday’s ballot.

Absent any appeal from the elections board, McCorvey’s rulings set up a November general election in which Darr faces Tompkins and LaJoye. Smith has said he will launch a write-in campaign as well.

This story was originally published May 20, 2016 at 11:02 AM with the headline "Judge overrules disqualification of sheriff candidate Donna Tompkins."