Macon-Bibb County attorney, former councilman at odds over election law

A former Macon City Council member is questioning the veracity of a decision by the Macon-Bibb County attorney that affects an elected office.

Former Councilman Henry Ficklin said he doesn't believe that County Attorney Judd Drake made the right decision. After three days of research, Drake concluded Monday that a special election for Bibb County tax commissioner was not needed after a retirement in late August. Drake's latest review of the law began last week, about a month after Ficklin shared his concerns.

On Aug. 31, Bibb County Tax Commissioner Tommy Tedders retired and handed over the reins to Wade McCord, the chief deputy tax commissioner. Drake said at that time and again Monday that under Georgia law, McCord could continue to serve as tax commissioner until the term ends Dec. 31, 2016.

Ficklin said Drake called him last week to say that the initial decision was incorrect, and that a special election needed to be held in November. Drake said, however, that he contacted Ficklin only to let the former councilman know that Drake would be researching the law again to make sure his initial take was correct.

Ficklin said he doesn't buy that.

"It's really bad that his opinion continues to oscillate on this," Ficklin said Monday night.

The questions involve language in the Official Code of Georgia Annotated detailing the process for determining a tax commissioner if the office becomes vacant during a term. The code (48-5-212) says that the chief deputy tax commissioner can serve as tax commissioner until Jan. 1 following the next general election that occurs more than 60 days after the "vacancy or the expiration of the remaining term of office, whichever occurs first."

In a letter to the Macon-Bibb County Board of Elections, Drake wrote that since the next general election in which county officials are on the ballot comes in November 2016, then McCord should remain tax commissioner until Jan. 1, 2017.

He cited another code section that says a special election would be held if the next general election does not involve county officials and is more than 60 days after the vacancy. That special election would be held at the same time as the general election.

"This provision has been interpreted and applied as having been enacted to address general elections that occur mid-term during the four-year terms of county officers since such mid-term elections would not be general elections at which county officers are elected," Drake wrote in a letter citing mid-term elections in 2014.

The tax commissioner will be listed on the general election/primary ballot in May, although it would not be "formally elected" until the Nov. 8, 2016, general election, he wrote.

Ficklin said that government consolidation does not change election laws in Georgia.

"The law says next general election," he said. "It doesn't say city election, county election. It said the next general election."

Ficklin said he first called Drake in mid-September about whether there needed to be a special election. On Oct. 1, Drake emailed Ficklin saying that the Georgia code was implemented correctly.

Ficklin asked for clarification of the law, but he did not hear back until Wednesday after he contacted The Telegraph.

"I knew that if the newspaper got involved they would start doing something," Ficklin said. "(Drake) called me back (Wednesday) at 5:47 p.m. and said they were going to have an election. He took some of the blame, but not all of it."

Drake said that when Ficklin got in touch with him, he believed his interpretation was correct. Drake said he decided to look at the code section again after The Telegraph inquired.

"If I thought there would be an election, that would be my responsibility to notify the Board of Elections," Drake said last week. "I'm not saying I'm incorrect, but if I am incorrect, I'll acknowledge it."

Ficklin said it is up to the Board of Elections and someone within the Macon-Bibb administration to understand election laws.

"Elections are too important for the stability and the furthering of our nation for these kind of things to slip like this," he said.

To contact writer Stanley Dunlap, call 744-4623.

This story was originally published October 26, 2015 at 10:08 PM with the headline "Macon-Bibb County attorney, former councilman at odds over election law ."