Court will hear petition on close county race

Published 12:00 am Wednesday, September 17, 2003

WOODVILLE &045;&045; A hearing will be held later this month on a petition contesting the results of the Aug. 26 runoff election for District 2 supervisor in Wilkinson County, Democratic Executive Committee Chairman Don Walsh said Wednesday.

The petition was filed with the committee on Monday by Richard Hollins, who ran against incumbent Supervisor Kirk Smith in the election.

Smith was declared the winner in the runoff election by an 11-vote margin.

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The runoff came after a tie was declared between the two candidates in the first primary election on Aug. 5.

Hollins first sought permission from the committee last week to examine the contents of the ballot boxes from the Fort Adams and Woodville precincts.

However, Walsh said that request was denied because Hollins failed to give Smith a 72-hour notice of his intent to examine the boxes as required by state law.

Smith later obtained an injunction in Wilkinson County Chancery Court preventing Hollins, Circuit Clerk Mon Allen and members of the committee from opening the boxes.

Hollins’ petition alleges in part that absentee ballots were improperly rejected by poll workers and that voters were paid to vote for Smith.

Hollins further alleges the committee improperly certified the results of the election and the Chancery Court has no jurisdiction over election matters.

On Wednesday, Walsh said he was not sure when the committee would hold its hearing on Hollins’ petition or if the hearing would be open to the public.

&uot;We’re treading new water here, as far as I’m concerned. We’re trying to get some guidance from the secretary of state’s office and the attorney general,&uot; Walsh said.

Smith has retained Woodville attorney David S. &uot;Shep&uot; Crawford.

Hollins is represented by Hazlehurst attorney Carol Rhodes.