Running in Gilmer Ran in Kentucky, Tim Theobald

Timothy D. Theobald stated on May 23rd in a sworn affidavit that he has lived in the state of Georgia consecutively for 23 years. He also stated that he has been a resident of Gilmer County for seven consecutive years. FYN learned in May that Theobald ran for Sheriff in Cumberland County Kentucky. An article published in the Burkesville news on May 19, 2010 stated that Theobald received 99 votes for Sheriff.

We asked Theobald this question regarding his candidacy in Kentucky in late May and received no response. FYN also conducted video interviews with all the Sheriff candidates, except Theobald, because each time we tried to schedule his interview he always had a scheduling conflict. He made the statement to me that if he did do the interview he did not know why the Kentucky question had to come up. I responded that FYN felt it may be important to the voters. All Sheriff Candidates did the interview, Theobald did not.

FYN does not release or report information based only on an article published in other media; however we obtained a Sheriff Candidate affidavit from Cumberland County Kentucky through an open record request. Theobald swore on January 15th in 2010 that his legal address was 1960 Roach Road, Burkesville, Kentucky. Theobald signed the affidavit which stated he understood this Kentucky law, “Sheriff, at the time of election, must be at least 24 years of age, a citizen of Kentucky, has resided in the State 2 years, and one year next preceding his election in the county and district in which he is a candidate.” We don’t know if Theobald lived in Kentucky two years or in Cumberland County for a year but we do know he is over 24 years of age.

Theobald states in his Gilmer County affidavit that he resides at 928 Roberts Ridge Road Ellijay and has from Sept 2009 to present. FYN understands Theobald rents the house. Records show Theobald owns a home in Catoosa County. Property tax records (2011) show Timothy D. Theobald as the taxpayer at 167 Walker Road, Rossville, GA. Theobald also had a 2003 BMW registered to that address until May of this year. This opens up the question on whether or not Theobald is a legal resident of Gilmer County.

The Gilmer County candidate affidavit states: “I understand that any false statement knowingly made by me (Theobald) in this declaration of candidacy and affidavit will subject me to criminal penalties.”

This brings up several questions to consider: Did Theobald make false statements? Is he a resident of Gilmer County and does he meet the qualifications to run for Sheriff? Why did he want to be Sheriff in Cumberland County Kentucky? What if Theobald receives enough votes to require a run-off in the sheriff’s race but later is found disqualified? Example: If a candidate needs 10 votes to meet the “50% plus 1” vote requirement to win without a runoff and Theobald receives 11 votes? How much do runoff elections cost the tax payers?

If Theobald meets the requirements he has the right to run for sheriff; but with this cloud surrounding his eligibility we believe the voters deserve this to be resolved as soon as possible. FYN will be hosting a debate for all Gilmer County Candidates July 21st at the North Georgia Community Center. This will give Gilmer citizens a chance to hear local candidates and to give Candidates an opportunity to state their positions on the issues.