The good news for Clarence Johnson on Saturday was that Secretary of State Brian Kemp overturned a ruling by an administrative law judge and decided that Johnson is, in fact, a bona fide judicial candidate for Fulton County Superior Court.
The bad news? After Tuesday, he may be a candidate for prosecution.
Johnson is running against incumbent Todd Markle.
Johnson’s candidacy had been challenged on the grounds that, when he filed notice of candidacy, he “swore under oath that he was not a defaulter of any federal or state taxes,” according to Kemp. It turns out that this is not so, that Johnson was making monthly payments to the Internal Revenue Service to erase delinquent taxes.
An administrative judge had ruled that the misstatement was enough to remove Johnson from the ballot. But according to Kemp, the letter of the law says that, because the attorney has entered a payment program to address his debt to the public, he remains qualified for the judgeship.