McIver to step down from state Election Board

Claud “Tex” McIver and his wife, Diane, are shown in undated family photos. FAMILY PHOTO
Claud “Tex” McIver and his wife, Diane, are shown in undated family photos. FAMILY PHOTO

Claud “Tex” McIver, facing criminal charges after shooting his wife, said he will step down from the state Election Board.

In a letter to state Senate leaders, McIver pointed to his wife's death and its aftermath in saying he did not wish to be reappointed to the board. He was appointed by the Senate in 2005 and served as its vice chairman.

His most recent term expires at the end of the current Legislative session, which usually occurs around April.

"As all of you must know my beloved wife and life partner, Diane, was lost in a sudden and tragic accident in September," McIver wrote. "At this time, I feel that I do not have what it takes to continue to serve" on the board.

The state Board of Elections usually meets one time during the session. McIver missed the meeting in December.

McIver has also resigned after a 44-year tenure from the labor law firm Fisher Phillips. Prior to his wife’s death, he had been a successful attorney and powerful Republican supporter, holding fundraisers at his ranch in Putnam County.

His time on the election board had some controversy. He supported the state Voter ID law, which drew opposition from the minority community. Some African American advocates criticized his continued presence on the board following the shooting incident in which his wife died.

State Senate leaders said last month they were already vetting a short list of candidates to replace McIver.

McIver shot his wife, Diane, in the back with a .38-caliber revolver as the two rode in their SUV near Piedmont Park on the night of Sept. 25. Diane’s friend, Dani Jo Carter, who was driving the SUV, then rushed the three to Emory University Hospital, where Diane McIver died hours later.

In December, Tex McIver was arrested and charged with involuntary manslaughter, a felony, and reckless conduct. He is currently free on $200,000 bond. He has yet to be indicted.

McIver and his attorneys have said the shooting was an accident that does not warrant criminal charges.

Elsewhere, McIver will be in court Tuesday morning to attempt to regain possession of his 2013 Ford Expedition, the vehicle in which the shooting occurred.

In a motion filed with the Fulton County Superior Court on Friday, McIver asserted that the Atlanta Police Department, having conducted a forensic analysis of the vehicle, has “no no factual or legal need to retain possession of the automobile.”

Through earlier motions, McIver convinced the court to allow him to remove the ankle monitor he has been required to wear since he was charged with killing his wife. McIver can also have contact with employees at his Putnam County ranch and mutual friends he shared with his late wife after Judge Jaslovelin Lall agreed to modify the conditions of his bond.

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