CAIRO — Mayor Booker Gainor has been disqualified from office after qualifying to run for a seat in the state legislature.

City attorney Thomas Lehman informed Gainor minutes before Monday night’s city council meeting that he had been disqualified as mayor. Gainor had qualified Friday to run in the Democratic primary for state House District 173, currently held by Darlene Taylor (R-Thomasville). Mayor pro tem Jerry Cox presided over the regularly scheduled council meeting.

“I would like to tell you guys to keep pressing forward, keep working doing the good work for the City of Cairo,” Gainor told the city council after he learned of his disqualification from office. “A title does not make me. It’s all about the influence. It’s all about the passion and the drive.”

Gainor had asked Lehman in February if he would have to resign as mayor in order to run for state office. Lehman said he reviewed the city’s charter and code of ordinances, Article III of the Georgia Constitution and Title 36 of Georgia Law and found no conflict with Gainor offering himself as a candidate. In a written opinion dated March 4, Lehman stated he found nothing prohibiting Gainor from being a candidate for the state legislature while serving as mayor. Gainor qualified for the election two days later.

Lehman said he learned after the conclusion of the qualifying period that Article II of the Georgia Constitution, which he did not review, contains a “resign to run” clause. The clause immediately disqualifies public officials from office when they qualify as a candidate for another office with a term beginning more than 30 days before the expiration of the term for the office the candidate currently holds. Lehman said he interprets the clause to mean that Gainor, whose term as mayor expires at the end of 2021, was disqualified the moment he entered the race.

Lehman apologized to Gainor and the public in a prepared statement Monday night.

“I feel really rotten about this,” the city attorney said. “It’s a stupid error on my part. I did the research, but I should have reached out to some other people.”

Council member Demario Byrden, a personal friend of Gainor’s, balked at Lehman’s explanation that the error was unintentional. In his view, the predicament can be attributed to malice.

“It sounds like it was a setup from the beginning,” Byrden said.

Gainor would not have chosen to run for the legislature had he known he would not be able to continue to serve as mayor, Byrden said. Gainor told the council he felt he attempted to research the matter in the best manner possible by consulting with Lehman, and he spoke with his employer, the Grady County Board of Education, to ensure he did not violate any rules by declaring himself as a candidate for the General Assembly.

Byrden took further issue with the timing of when Gainor was informed of his disqualification. Lehman said he had informed City Manager Chris Addleton of the error Monday morning and later encountered Cox by chance and informed him that he would likely need to preside over the evening’s council meeting. Byrden said Gainor, who claimed he only learned of his disqualification minutes before the meeting began, should have been informed of his status as mayor much earlier, using an expletive to describe his thoughts on how events unfolded.

Gainor declined further comment on the matter.

A special election to determine a new mayor can be held as soon as May 19 to coincide with the statewide primary election, Lehman said. A three-day candidate qualifying period may take place 10-30 days prior to the election. Cox will preside at city council meetings and sign documents where the mayor’s signature is typically required until a new mayor is selected.

Before continuing with the meeting, Cox wished Gainor luck and added that he appreciated the passion Cairo’s first African American mayor brought to city government.

“You’re going to be an active part of this community and I hope that you will continue to advise where you see we need advising,” Cox told Gainor.