Judge Says Spurgeon Can Be on Ballot as City Council Candidate

A Superior Court judge ruled Friday that Mike Spurgeon’s name can be on the Nov. 5 ballot, even though the City Council member missed the deadline for filing his nominating papers.

Judge Tully H. Seymour agreed with attorneys for Spurgeon and City Clerk Cassandra Cathcart, who both argued that the missed deadline was a simple mistake.

“It seems all concerned acted in good faith,” said Seymour, who had continued a hearing on the matter Monday so that any interested parties could state their positions.

Spurgeon did not submit his nominating papers, which must include signatures from 20 registered voters, by Aug. 9, the deadline for incumbents to file. Instead, he filed on Aug. 14, the deadline for challengers.

In a lawsuit filed last week seeking to have his name included on the ballot, Spurgeon said he asked Cathcart if he could file on the later deadline and got the impression that he could.

Neither Cathcart nor the city challenged his request. None of the 11 candidates who qualified for the ballot objected, and challenger Jim Wronski even spoke in Spurgeon’s favor at Friday’s hearing.

In ruling on the issue, Judge Seymour said that denying Spurgeon’s request could disenfranchise the councilman’s supporters. “It appears to the court that there’s no harm done in granting the relief,” he said.

Spurgeon later expressed relief and said he is eager to proceed with his campaign.

“This has been a nightmare this past week and a half for me and my family,” he said.

“One of my biggest votes was from the judge. Now I have to go out and get the rest of the votes.”