WOODVILLE &045; A Hinds County judge erred when she reversed the results of an Aug. 26 runoff election in Wilkinson County, according to an appeal filed by attorneys on behalf of former Wilkinson County District 2 Supervisor Kirk Smith.

Smith’s attorneys said the appeal was filed in the state Supreme Court on Tuesday.

They argue Judge Denise Owens validated several absentee ballots that did not comply with state law and failed to count some affidavit ballots that were properly voted.

The appeal also claims Owens failed to void 59 absentee ballots cast at a Woodville precinct by voters whose names were not recorded in voter registration books.

Fifty-four of those absentee ballots were cast for Smith’s opponent, Richard Hollins, the appeal stated.

Owens, a Hinds County chancellor, was appointed by the high court to hear the case last October after Hollins contested the results of the runoff election.

The Wilkinson County Democratic Executive Committee declared Smith the winner of the runoff election by an 11-vote margin, 510-499.

After hearing testimony in the case last October, Owens awarded 20 additional votes to Hollins and six more votes to Smith, declaring Hollins the winner by three votes, 519-516.

Hollins took office on Jan. 1.

But Smith’s appeal noted Owens only documented 17 votes for Hollins in the opinion she issued on Oct. 27. By that number, the election would have resulted in a tie with both candidates receiving 516 votes.

&uot;The trial court ruling would have to be reversed and a new election mandated if this Court finds that Judge Owen’s ruling is correct,&uot; the appeal stated.

However, Smith’s lawyers said that point is moot because Owens counted the additional ballots for Hollins in error.

They asked the high court to overrule Owens and declare Smith the winner.

The appeal claims Owens erred by validating absentee ballots that were not notarized or witnessed; by counting ballots that were not brought into evidence at the October trial &045; including one ballot where testimony indicated the voter was registered to vote in Louisiana; and by counting ballots from voters who, according to testimony, did not reside in District 2.

The appeal also notes that Hollins relied primarily on the testimony of Wilkinson County Circuit Clerk Mon Cree Allen to dispute the judgment of poll workers who rejected various ballots during the election.

Smith’s lawyers argued that Allen was not qualified to testify on the validity of the ballots.

Smith is represented by Natchez attorneys Robert C. Latham and John R. Junkin, II, as well as Woodville attorney David S. &uot;Shep&uot; Crawford.

Hollins is represented by Hazlehurst attorney Carroll Rhodes.