Just days before the primaries, an East Cobb legislative candidate has been disqualified by Georgia Secretary of State Brian Kemp for owing more than $20,000 in federal taxes.
Kevin James is listed on the ballot in the Republican primary against longtime State Rep. Sharon Cooper in House District 43, which covers much of East Cobb. No other Republican candidates qualified.
On Friday, Kemp’s office issued the decision (here’s the full ruling). James’ name will remain on the ballot in Tuesday’s primary, but any votes cast for him (as well any cast during advance voting, which ended Friday) will not count.
The challenge was filed on March 21 by Greg Clark, who was identified only as being “qualified” to make such a challenge.
The Georgia Constitution states that anyone who is in default for taxes and hasn’t paid them back or agreed on a payment plan is ineligible to run for or hold public office.
Kemp’s office’s findings included several instances of delinquent federal and state taxes owed by James going back to 2006, including liens filed against him.
According to the ruling, last year James provided to the Secretary of State’s office a letter acknowledging he owed state taxes, and asked to have that obligation forgiven due to hardship.
The Georgia Department of Revenue declined that request, according to the ruling, and James accepted a counteroffer to pay $4,862 over 60 months, or $80.87 a month, for state taxes. He initially owed $5,825 to the state for the years 2012 and 2016.
James asked the Internal Revenue Service for the save forgiveness for $20,995 owed in federal taxes in seven years combined, according to the ruling, but James did not provide any information that the debt had been paid or that he had agreed to a payment plan.
Kemp’s office ruled that while James’ ineligibility was removed over state taxes, he remains ineligible “since the Internal Revenue Service has not agreed to an Offer of Compromise at this time.”
James is a self-described businessman who was making his first run for office. On his campaign website, he said his prime motivation for running was legal reform, with “RICO running rampant in our Family Law Judiciary.”
Cooper will face Democrat Luisa Wakeman, a Delta flight attendant, in the Nov. 6 general election.
