WOODVILLE &045; Kirk Smith said Friday he will run in a special election for Wilkinson County supervisor after a long court battle finally declared him the winner of an August 2003 primary.

On Thursday, the Mississippi Supreme Court ruled Smith actually beat Richard Hollins, who is currently serving as supervisor, and ordered a special election.

Hollins could not be reached for comment Friday.

&uot;I had no idea why they would call for a special election,&uot; Smith said. &uot;I’ve won three times already.&uot;

Smith was the incumbent in the Aug. 26, 2003, runoff. The county’s Democratic Executive Committee originally declared him the winner by 11 votes. But Hollins contested, and Hinds County Chancellor Denise Owens later declared Hollins the winner by three votes.

Hollins was able to take office because when the Supreme Court took the case it refused to bar him from taking office until after the appeal was heard.

Hollins had contested the election on grounds that absentee and affidavit ballots were improperly rejected.

The justices also appointed a special tribunal a year ago to review the ballots. The tribunal found no fraud in the election but tossed out some illegal ballots. The tribunal found six additional votes for Smith and 20 more votes for Hollins, making the final tally of 516 votes for Smith and 519 votes for Hollins. Hollins was declared the winner.

Both men appealed.

On Thursday, the Supreme Court said the tribunal made a clerical error in counting the ballots. The justices said their own recount showed Smith winning 519-516.

Presiding Justice Bill Waller Jr., writing for the court, said state law provides for a special election in cases of such a contested election.

Waller said the governor will set the date for a special election and Hollins will remain in office until the qualification of the person who wins the special election.