Hollins to file new petition contesting election

Published 12:00 am Tuesday, September 30, 2003

WOODVILLE&045;&045; After examining the ballot boxes from the Aug. 26 runoff election for District 2 supervisor on Wednesday, an attorney for candidate Richard Hollins said an amended petition contesting the results of the runoff will be filed, said Wilkinson County Democratic Executive Committee Chairman Don Walsh.

Walsh said the committee would hold a hearing on the petition late next week.

The runoff came after a tie was declared between Hollins and incumbent Supervisor Kirk Smith in the Aug. 5 primary election.

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Hollins asked the committee for permission to inspect the ballots after Smith was declared the winner in the runoff by an 11-vote margin.

However, committee members said Hollins’ request to examine the ballots was not made as quickly as state law requires.

Hollins then filed a petition with the committee contesting the results of the election.

Hollins made several allegations in his original petition, including claims that absentee ballots were improperly rejected by pollworkers and the committee improperly certified the results of the election.

In the ensuing legal wrangling, the two candidates obtained conflicting temporary restraining orders from local chancery and circuit court judges.

LateTuesday, the state Supreme Court vacated both lower court orders and Hollins’ original petition contesting the election.

However, the court said Hollins’ request to examine the ballots was filed in a timely manner.

&uot;The Supreme Court has put us back on day one. We are now following the statute which allows a candidate to inspect the ballot boxes within 12 days after an election is held,&uot; Walsh said Wednesday.

Committee members and spectators observed as attorneys for both candidates met in the Wilkinson County Courthouse and perused every ballot in the District 2 Fort Adams and Woodville precincts.

Hollins or Smith may seek judicial review of the committee’s ultimate findings in the dispute.

In that event, state law requires a chancellor or circuit court judge from outside the district to hear the case.