Starkville mayoral candidate Johnny Moore is contesting his six-vote loss to Mayor-elect Lynn Spruill and asks the Oktibbeha County Democratic Party to count “improperly excluded ballots” or hold a special election if the comingling of “legally and illegally cast ballots” prevents the determination of the true winner of May 16’s primary.
A copy of Moore’s challenge petition alleges numerous election issues, including a failure to provide accounting for all ballots, improper markings of ballots by voters and improper rejection and acceptance of numerous affidavit and absentee ballots by election workers.
A meeting to discuss various election issues is now expected to be set by the party’s municipal election committee, which is chaired by Patti Drapala.
“Once we receive Mr. Moore’s letter, we will review the specifics of the challenge and determine whether to proceed with an investigation,” she said Friday, before receiving Moore’s official petition.
Moore could also take his challenge to circuit court. Starks said his client has the option of filing for judicial review up to 10 days after the Democratic Party was formally noticed of his challenge.
Moore’s petition comes after both Moore and Spruill reviewed the ballot boxes from the May 16 primary almost two weeks ago.
In total, Starks said issues exist with at least 50 ballots cast in the runoff election.
“There will be debate on a few. There are some we feel stronger about than others,” he said.
Previously, the Moore campaign representatives said they were not focusing on discrediting ballots previously accepted by the Starkville Election Committee. After the runoff’s results were certified May 18, Starks said election laws “should be liberally interpreted” as to convey the will of affidavit voters.
On Friday, he characterized the campaign’s apparent transition to contesting some accepted ballots as pushing the Democratic Party to strictly adhere to state law, especially in regard to absentee votes.
“We didn’t have any findings of fraud in fact, but the Supreme Court has, on numerous cases, said absentees will be very strict and you have to comply. That’s why it may appear to be a change of strategy, but if we’re going to treat one ballot one way in one precinct, then we have to treat (a similar ballot) the same way in another,” Starks said. “The only thing Mr. Moore is very concerned about is that the will of all voters is respected, election procedures are followed and it’s a fair process.”
Spruill said her team’s own ballot examination leads her to believe the results of the runoff will not change.
“Mr. Moore is exercising his options as the statute authorizes him to do,” she said. “It was a close election, and that often generates frustration and disappointment. We will continue to make our plans for the transition and look forward to July 3 (when the new administration is sworn into office) and the next four years. It remains important to focus on the General Election this Tuesday. We need board members who move us toward the future so we can capitalize on our momentum.”
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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