Councilman Sues to Get Onto Ballot

Councilman Mike Spurgeon appeared in Superior Court on Monday to argue that his name should be on the Nov. 5 ballot and to declare that he missed the filing deadline to seek reelection because the city clerk gave him incorrect information.

Spurgeon filed a lawsuit in Superior Court on Friday alleging that City Clerk Cassandra Cathcart told him that he would have until Aug. 14 to file the paperwork to seek reelection, when in fact the deadline was Aug. 9.

Judge Tulley H. Seymour, who met with attorneys privately late Monday, did not issue a ruling in the case, said David A. DeBerry, assistant city attorney. Instead, he said, Seymour scheduled a hearing for 1:30 p.m. Friday.

DeBerry said that the city will not try to challenge Spurgeon’s lawsuit.

In papers filed Monday by DeBerry, Cathcart acknowledges that she may have given Spurgeon incorrect information. “The city clerk admits error with what she first told Spurgeon,” DeBerry said.

The conflict started Aug. 12, when both Spurgeon and Cathcart realized that the councilman had missed the deadline for filing his nominating papers.

Candidates for city offices are required to submit nominating papers with the signatures of 20 residents who are registered to vote.

Incumbents for local offices across the county had a deadline of 5 p.m. Aug. 9 to file their nominations. If no incumbent filed for a particular seat, the deadline was extended to Aug. 14 for challengers.

Councilman Fred L. Barrera had announced months ago that he would not seek reelection, so Spurgeon and Cathcart assumed that the filing deadline for all council candidates would be extended, officials said.

After double-checking with DeBerry, Cathcart rejected Spurgeon’s papers last week, saying she had no choice under election law.