Handel rules District 93 candidate serving in military eligible for office
Navy vets seeking House seat take fight to court
by Andy Phelan
andy@dekalbchamp.com
Malik Douglas
Colet Odenigbo |
Secretary of State Karen C. Handel ruled May 12 that District 93 candidate Malik Douglas is qualified to be on the May 13 special election ballot.
Handel’s decision comes after Lithonia Democratic candidate Colet Odenigbo filed a petition challenging that while Douglas is actively serving his country in Iraq he cannot by state and federal law run for elected office.
Odenigbo, 43, of Lithonia, alleged Douglas, 37, could not be on the May 13 special election and July 15 primary ballots because he is currently serving as an MP in Iraq as part of a National Guard unit.
But Judge Michael L. Malihi of the Office of State Administrative Hearings, which first heard the complaint, dismissed the case on May 7.
On Monday afternoon Handel, who had authority to overturn the decision, agreed.
“The state should not create higher hurdles for brave men and women serving in the armed forces who want and are otherwise eligible to stand for election here in Georgia,” Handel said.
According to documents provided by the court, Odenigbo said the Georgia Constitution and “various federal regulations prohibit individuals on active military service from running for office.”
Administrative Law Judge Malihi ruled to the contrary, saying Odenigbo “did not present any admissible evidence to support his legal argument.”
Douglas, who is back from Iraq and campaigning through the May 13 special election, was not happy about Odenigbo's challenge.
“I’m serving to protect you and your rights in a foreign country away from my family, and you’re trying to take my constitutional rights away from me?” said Douglas. “How low is that? He made a fool of himself.”
Odenigbo said he has nothing against Douglas, but as a military veteran he said knows the rules.
“This petition was not against Malik Douglas, it’s against his eligibility to be the representative given his military status,” said Odenigbo. “The district has been without representation for some time. If he’s called back to active duty, we’re stuck in the same situation.”
The two candidates are both military veterans, both Democrats and both from Lithonia. On Douglas’ Web site, he said he was also a Navy quartermaster from 1989-97. Odenigbo’s site said he served in the Navy for 14 years.
Supporting his argument, Odenigbo pointed to a Department of Defense directive dated Feb. 19, 2008, that indicates National Guardsmen cannot run for political office during active duty.
But Douglas said because he’s a reservist and has received permission from his brigade commander, he could run for the seat. Douglas, who indicated he is also awaiting permission from the Secretary of Defense’s office, said he does not expect a ruling for more than six months.
“By that time, I’ll be off active duty,” said Douglas, a former DeKalb County police officer. “By that time, it’ll be moot.”
Odenigbo said he does not think that is fair.
“I appreciate his service, but this is about someone being honorable and playing by the rules of the game,” he said. “The fact that I stood up and made this challenge should show the voters of District 93 what kind of representation I would provide the people.”
Other candidates seeking the District 93 seat, which encompasses parts of DeKalb and Rockdale counties, are consultant Dee Dawkins-Haigler, 38; information systems manager KaTesha Sagers, 30; psychotherapist Jim Sendelbach, 68; and life skills coordinator Traci Waites, 41.
If necessary, a run-off election will be held Tuesday, June 10. |
