NATCHEZ — The hearings to determine who will be seated as the senator for District 37 began Wednesday.

Former Sen. Bob Dearing, D-Natchez, was certified the winner of the November general election, but Sen. Melanie Sojourner, R-Natchez, has challenged his 64-vote win, taking the challenge to the Senate.

A five-person committee has been appointed to hear the challenge, key points of which include allegations that absentee ballots in Adams County weren’t properly signed or secured, and poll workers in the Bude precinct in Franklin County provided improper help to voters who did not qualify for it.

If the Bude precinct’s results are thrown out, as Sojourner’s petition has suggested as a possible solution, the race will go to her.

The committee will make its recommendation to the full Senate following the close of the hearings, which they have indicated will happen today.

After the close of testimony Wednesday, Dearing said he thought the committee would likely have to revise that target based on the speed of the testimony, but overall, “I think the proceedings are going OK.”

Dearing said he believes Sojourner’s team has six more

witnesses to call, and his attorney is deciding if they might call a witness or two.

Sojourner could not be reached by phone Wednesday evening.

The committee’s ultimate recommendation, which will follow the filing of a report with the Secretary of State, can could authorize seating Dearing, authorize seating Sojourner, declare the district seat vacant, order a new election for the whole district or for certain precincts or “any other remedy including those that are available to the courts in cases involving an election contest.”

Senate President Pro Tempore Terry Burton, R-Newton, chairs the committee that is considering Sojourner’s challenge and will make a recommendation to the full Senate about whether to uphold or overturn the election results.

“We’re not members of parties at this point,” Burton said Wednesday. “We’re not friends. We’re not colleagues. We’re fact-finders.”

When addressing the allegation’s of improper ballot handling and poll worker conduct, Sojourner’s attorney, James P. Tinsley said during his opening arguments Wednesday that election officials are obligated to follow election laws.

“Here are the rules,” Tinsley said, holding a state law book. “You’d better follow them. If you don’t, there are going to be consequences.”

Dearing’s attorney, Brad Pigott, said the Bude poll workers had never faced an accusation of wrongdoing before this election, and the poll watchers who filed statements alleging so didn’t understand state law.

“They have fantastic imaginations as to what amounts to election crime in this state,” Pigott said

Sojourner testified Wednesday it was a «great concern» to her that Adams County officials stored absentee ballots and other records in cardboard boxes after the November election.

Adams County Circuit Clerk Eddie Walker testified Wednesday that election materials were secure in cardboard boxes that were sealed and stored in a locked office. He said Sojourner and others with her campaign were allowed to examine the boxes.

As Sojourner testified, Pigott repeatedly asked whether she could prove that any of her allegations about election improprieties changed the outcome of the race. He asked: “Do you have any evidence that it changed who, for state senator, anybody voted for?”

 

Sojourner said she was not in Bude on Election Day. “But the bottom line to me is if the vote was cast unlawfully, it should not be counted,” she said.

Dearing represented the 37th District for 32 years. Sojourner replaced him after winning the general election in the 2011.

 

 

The Associated Press contributed to this report.