A voter's challenge to Brandon Beach's candidacy was thrown out by an administrative law judge, according to a report first made by Atlanta Journal-Constitution Political Insider Jim Galloway.
Beach is trying to unseat Sen. Chip Rogers (R-Woodstock) in the .
The challenge claimed that since Beach was elected by legislators to his post on the Georgia Department of Transportation Board, then he was ineligible for his state Senate candidacy because he was still holding that elective position.
But Administrative Law Judge Ronit Walker said the Georgia Constitution does not support the argument at sitting on the Transportation Board prohibits him from running for office.
"We were always confident that I met all the qualifications," Beach said after the ruling was made.
Walker's order, posted by Galloway online, and available at the Georgia Office of State Administrative Hearings website, said that state law "provides only that "[t]he office of any state, county or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office." (emphasis added).
Walker said in the order that the issue of whether Beach's Transportation Board seat became vacant upon qualifying as a candidate for state Senate was not an issue brought by the challenge.
"It was political," he said, saying someone from his opponent's supporters filed the complaint.
"My opponent always preaches freedom of choice," Beach said. "I should have a freedom to run for office."
As far as the election goes, Beach said, "Obviously voters are going to decide at the ballot box. That's democracy at its best and the American way."