Hinds judge to hear Wilkinson County election evidence

Published 12:00 am Friday, October 31, 2003

WOODVILLE &045;&045; A chancery court judge from Hinds County will begin hearing evidence Wednesday morning in a contested election case in Wilkinson County, officials said.

Chancellor Denise Owens of the state’s Fifth Chancery Court District in Jackson was appointed by the state Supreme Court on Thursday to hear the case. Wilkinson County Circuit Clerk Mon Allen said he received notice Friday that Owens had set a hearing in the matter for Wednesday at 8:30 a.m. in the Wilkinson County Courthouse. The case arises from a petition candidate Richard Hollins filed in Wilkinson County Circuit Court challenging the results of the Democratic primary election for District 2 supervisor.

Incumbent Supervisor Kirk Smith was certified the winner of the Aug. 26 runoff by an 11-vote margin.

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Hollins claims that absentee and affidavit ballots were improperly rejected at the polls, among several other allegations.

Hollins’ attorney asked the State Supreme Court to bar the Wilkinson County Election Commission from placing Smith’s name on the ballot as the Democratic Party nominee in the Nov. 4 general election.

The court denied that motion, as well as a writ of mandamus filed by Smith’s attorney’s last week.

But the high court’s rulings did not specifically address whether Allen should proceed with printing the ballots for the general election.

Although the District 2 supervisor race is the only race contested&045;&045;and with the election only 16 days away&045;&045;absentee ballots for other districts are yet to be printed.

On Friday, Allen said he intended to await a ruling from Owens before printing the ballots. Smith has been certified by the Wilkinson County Democratic Executive Committee as its party nominee in the general election.