McAfee challenger out of contention for Fulton County judicial race, judge rules

ATLANTA — An attorney challenging the judge overseeing the Fulton County election interference case remains disqualified from the May 21 race, a DeKalb County judge determined Thursday.

After hearing arguments for nearly four hours, DeKalb Superior Court Judge Stacey Hydrick opted to uphold a recent ruling from an administrative law judge that struck candidate Tiffani Johnson’s eligibility. Administrative Law Judge Ronit Walker had disqualified Johnson from standing for Fulton Superior Court judge after her residency was challenged and she failed to appear at an April 2 hearing. Walker’s decision was then finalized by the Secretary of State’s office.

Johnson’s attorneys argued Thursday that Johnson didn’t receive advanced notice of the hearing before Walker and that it was too early in the electoral process for residency challenges to be entertained.

But Hydrick agreed with attorneys for the Attorney General’s office, who represented the Secretary of State, and a Fulton voter who brought the original challenge. Hydrick said Johnson had been properly contacted via email and regular mail putting her on notice about the hearing before Walker.

Johnson expressed shock at Hydrick’s decision and said she’s still weighing her legal options. Her team could appeal Hydrick’s ruling, which is currently being drafted, but time is running out.

“This is still very fresh but I have the intention to continue in my fight,” Johnson told The Atlanta Journal-Constitution.

Voters are slated to begin casting their ballots on Monday in the nonpartisan race, in which incumbent Judge Scott McAfee is seeking his first full term in office.

McAfee, who was appointed by Gov. Brian Kemp early last year, has gained national prominence for his role overseeing the racketeering case against former President Donald Trump and 14 others — as well as the recent fight to disqualify Fulton District Attorney Fani Willis.

Civil rights attorney Robert Patillo is also challenging McAfee. If Johnson remains out of the race, he and McAfee no longer face the prospect of a costly June 18 runoff, which is required if no candidate wins at least 50% of the vote.

Johnson’s eligibility was challenged by Fulton voter Sean Arnold, who cited a provision in the state Constitution that requires judges to “reside in the geographical area in which they are elected to serve.” When she entered the race in March, Johnson’s paperwork said she lived in DeKalb County. Her attorney Kurt Kastorf argued Thursday that what matters is Johnson’s residency on Election Day, and he noted that she has since moved to Fulton.

Even though Johnson is disqualified from the race, her name is likely to appear on ballots since many have already been printed. Instead, notices are expected to be placed at polling locations alerting voters that Johnson has been disqualified from the race.

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