Danny Barber still awaiting court date

Published 12:17 am Tuesday, July 10, 2018

NATCHEZ — More than six months after contesting an election he lost by a single vote, Danny Barber says he’s still awaiting a court date to be set.

Barber filed a petition on Dec. 12, 2017, contesting the results of the November 2017 Adams County Justice Court Judge’s special election. Barber lost the election to Eileen Mary Maher by one vote — 867-866 — after affidavit and absentee ballots were counted.

Barber said, Chief Justice of the Mississippi Supreme Court William L. Waller Jr. has appointed a circuit judge from Harrison County on the Mississippi Gulf Coast to hear the case. No court date has been set yet, which, Barber said, frustrates him.

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“I’ve asked other judges I know and they have told me this should have been handled by now,” Barber said. “I don’t know what is going on. With this special circumstance. It’s typically handled a lot faster. This type of case is usually expedited. It should have been done in 30 days.”

Barber said after meeting with an election attorney he decided to petition the court to get an absentee vote that he believes was improperly signed and counted on election day thrown out.

After counting affidavit and absentee ballots on Nov. 30, officials declared Maher the winner by one vote.

Maher declined to comment.

While inspecting election material last December, Barber said he found one absentee vote on which both the voter and the witness did not sign across the fold of the envelope, which election laws require.

“I just want this to be fair,” Barber said. “That’s all I want because my campaign was about fairness.”

If the judge does rule to throw out the disputed absentee vote, the election would be a tie. Under such a situation Mississippi law requires the election must be decided by a coin toss.

“A coin toss is fair,” Barber said. “If it comes down to that and (Maher) wins it, I’m OK with that. If I win it that way, I’m OK with that. I find that very reasonable.”

Although Barber said he is patiently waiting to hear back from the judge on a possible court date, he said it hurts knowing his fate is in the hands of others.

“My attorney has gone in several times asking for a court date, but they have yet to give us one,” Barber said. “Unfortunately, there’s nothing I can do. My hands are tied in this situation. It’s not fair to me or the people out there. Something is not right here.”