McKibben maintains Lithonia mayor seat
Rockdale judge dismisses challenger’s complaint
by Andy Phelan
andy@dekalbchamp.com
Lithonia Mayor Joyce McKibben accepts the gavel as she is sworn in by state Sen. Ronald Ramsey during an inaugural ceremony at Lithonia Middle School Jan. 7. Photo by Andy Phelan |
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A Rockdale Superior Court Judge dismissed a petition Jan. 4 by a former candidate who contested the results of Lithonia’s November mayoral election.
It means mayor-elect Joyce McKibben will be sworn in Monday, Jan. 7 at 7:30 p.m. at Lithonia Middle School and replace outgoing executive Darold Honore.
Superior Court Judge Sidney L. Nation dismissed a petition filed Dec. 5 by Rhonda Peek, who lost to McKibben by just two votes – 76-74.
DeKalb County Superior Court Judge Robert Castellani was scheduled to preside over the case, but because he is an elected official state law mandates that the complaint must be heard by a neutral court.
Peek’s attorney Jeffrey L. Sakas questioned whether McKibben was a city resident and tried to establish that more than 10 non-residents might have cast votes in the election. He asked Nation to cancel the results and hold another election.
But the judge said Peek had not followed proper procedure when she made her claim, and therefore threw out the complaint. He cited a state Supreme Court ruling in a case Swain v. Thompson [2006] as his precedent.
“I’m glad to get this thing behind me, and begin to restore and rebuild our city,” said McKibben after the hearing.
Brother Charlie, 60, a lifelong resident of Lithonia, attended the hearing Friday to support McKibben.
“I think due process was served today,” said Charlie. “I think the right decision was made, and the right person elected to effect change.”
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