Secretary of State Brian Kemp Wednesday disqualified one of two Democrats running for a Gwinnett County state Senate seat because he lives outside the district.

Kemp ruled that Arthur Bumburyak of Alpharetta cannot run for Senate District 5 against incumbent Democrat Curt Thompson of Tucker. Earlier this month, Judge Michael Malihi of the Office of State Administrative Hearings entered an initial decision that Bumburyak is not qualified to seek the office. Kemp accepted the judge’s findings Wednesday.

Because there isn’t enough time before the May 24 primary election to strike Bumburyak’s name or reprint ballots, Kemp said a prominent notice will be placed at each affected polling place advising voters of the disqualification, and all votes cast for him will not be counted.

There is no Republican running in the district. Unless an independent candidate emerges, the disqualification of Bumburyak would leave Thompson unopposed for re-election.

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