Lee election board denies challenge

ALBANY — A ruling by the Lee County Board of Elections Friday paved the way for Tommy Goodwin to continue his bid to seek the office of county tax commissioner after current tax commissioner Susan Smith challenged his candidacy.

Smith, who is running for reelection this year and will face Goodwin in the Republican primary in May, brought a challenge before the election board claiming that Goodwin should not be allowed to run for the office based on the fact that he was delinquent in paying his 2015 property taxes, and had allegedly filed a false declaration of candidacy and affidavit swearing all the information he had given was true and correct.

Attorney Eddie Meeks, who spoke at the election board hearing on behalf of Smith, told election board members that Smith felt that not only should the fact that Goodwin was delinquent in paying his property taxes be reason to disqualify him from running, but that by swearing an affidavit saying he was not in default of any taxes when he did owe taxes should also be grounds to disqualifying him.

Meeks said that according to a bankruptcy petition Goodwin filed in February, 2015, Goodwin listed that he owed state income taxes in the amount of $2,043 for 2011. That, Meeks said, was another example of Goodwin not being truthful when swearing out the affidavit when he announced his candidacy.

Following Meeks’ remarks, Goodwin was allowed to address the elections board, telling them that he had been late paying his county property taxes when he filed his candidacy, but that he did not consider himself to be in default, as he had not been notified of any court proceeding stemming from the unpaid taxes.

Goodwin argued that being late was not the same as being in default, therefore he was truthful when he swore out the affidavit at the time he filed to run for the office.

Goodwin also stated that he had paid his property taxes Thursday and that he could also prove that he had paid his state income taxes from 2011 that were listed on his 2015 bankruptcy petition.

After both parties had a chance to share their sides Lee County Attorney Jimmy Skipper addressed the group.

Skipper addressed Article II, Section II, Paragraph III of the Georgia Constitution, which addresses eligibility to hold office. According to Skipper it is not enough for a person to have not paid their taxes to be disqualified. A person would have to be finally adjudicated by a court of competent jurisdiction and found to be delinquent in the payment of federal, state, county, municipal or school system taxes to be disqualified.

“If he (Goodwin) has not been finally adjudicated by a court of competent jurisdiction to owe the taxes then this says he’s not disqualified,” said Skipper. “Under these facts, since he (Goodwin) has not been adjudicated I don’t think you have the authority to disqualify him.”

After Skipper let it be known that it was his legal opinion that the board had no grounds to disqualify Goodwin, board member Mike Sabot made a motion to deny the challenge. That motion was seconded by Angus Worthy and the board voted unanimously to reject Smith’s challenge.