Three who contested to be on ballot

Published 12:01 am Friday, November 2, 2007

NATCHEZ — A state circuit judge ruled Thursday that three candidates who contested the Wilkinson County primary election will be on Tuesday’s general election ballot.

The issue of which candidates would be on the ballot was originally to be addressed by a federal judge.

Wednesday, Judge Daniel Jordan remanded that issue back to the state.

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Circuit Judge Jim Persons, appointed to the case, ruled Thursday that Kirk Smith (supervisor District 2), Jeanette “Lynn” Toliver Delaney (circuit clerk) and Jessie Stewart (sheriff) will appear on the ballot.

“This court is acutely aware of the urgency regarding the names to be placed on the ballot of the general election…” Persons’ ruling reads.

A separate hearing is scheduled for Wednesday, the day after elections. In that hearing, the court will address the contested election.

If those on the ballot win the election and if Persons rules in favor of those challengers, the election results will stand.

If Persons rules in favor of the defendants, who argued they should be on the ballot, he could order a special election.

After the primary election, the three challengers appeared before a simple majority of the Wilkinson County Democratic Executive Committee. It was decided to throw out all paper ballots because of allegations of widespread fraud.

Adams County Circuit Judge Forrest “Al” Johnson ruled earlier this week that Wilkinson County election officials should do what was required by law. The county would have an election Tuesday, he said.

The important thing was that an election happen, said Harold Pizzetta, who represents the attorney general’s and the secretary of state’s offices.

“The attorney general and the secretary of state have no side to play in terms of who won the Democratic primary,” Pizzetta said Thursday. “The judge will look at that further, and whatever he decides, that’s the way things have to happen.”