EDITORIAL: Secretary of state needs to clarify special election rules

In the rush for the door by many long-term Bibb County employees when the offer of early retirements went out hardly anyone noticed that one of those employees was Bibb County Tax Commissioner Tommy Tedders. While an employee, his position is an elected position. When Tedders took the early out Aug. 31, his chief deputy, Wade McCord, became the tax commissioner without a special election being called. This decision was backed by Macon-Bibb County Attorney Judd Drake. Former Macon City Councilman Henry Ficklin believes Drake came to the wrong conclusion. We do, too.

Without wading into the legal mud too deeply, Judd's opinion and ours relies on the Georgia Code 48-5-212. We have no argument that McCord should have the mantle of the office of tax commissioner. That's plainly spelled out. However, what is not clear is whether a special election is required to fill the position and that hangs on the definition of two words, "General Election." While there is only one question on the ballot, every registered voter in Macon-Bibb County can cast a ballot on Nov. 3. Judd's opinion states that the Nov. 3 election is not a "General Election."

Judd states in a letter to the Macon-Bibb County Board of Elections: "Under O.C.G.A. § 48-5-212(b) 'if the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy, then a duly qualified person shall be elected tax commissioner at a special election 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 term of county officers since such midterm elections would not be general elections at which county officers will be elected, e.g. the 2014 midterm election. In the situation at hand, however, the next succeeding general election — Nov. 8, 2016 — is an election at which county officers will be elected. Accordingly, a special election to fill the Office of Tax Commissioner vacated when Tommy Tedders retired is not called for, or appropriate under the provisions of O.C,G.A § 48-5-212(b) ..."

We feel this interpretation is in error. What if Tedders had retired shortly after taking office in 2013? According to this interpretation, his deputy would be the unelected tax commissioner until the next "General Election" in 2016. We believe a special election for tax commissioner should comply with O.C.G.A. § 21-2-540 (c)(1) "Notwithstanding any other provision of law to the contrary, a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: A. In odd-numbered years any such special election shall be held on: (All the dates for odd numbered dates have passed).

(B) In Even-numbered years, any such special elections shall be held on:

(i) The third Tuesday in March; provided, however that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary ..."

The presidential preference primary is Super Tuesday, March 1, 2016. We would ask the county attorney seek direction from the secretary of state's office. By our count, the vote to fill this position should have occurred Nov. 3. That can't happen now, but we're reasonably sure lawmakers did not intend to have an unelected person fill an elected position for more than a year.

This story was originally published October 27, 2015 at 9:53 PM with the headline "EDITORIAL: Secretary of state needs to clarify special election rules ."