Smith v. Hollins
| Docket Number: | 2003-EC-02440-SCT Linked Case(s): 2003-EC-02440-SCT |
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| Supreme Court: |
Opinion Date: 12-09-2004 Opinion Author: Waller, P.J Holding: Affirmed in Part; Reversed and Rendered in Part |
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| Additional Case Information: |
Topic: Election contest Judge(s) Concurring: Smith, C.J., Carlson, Dickinson and Randolph, JJ. Judge(s) Concurring Separately: Cobb, P.J., Specially Concurs Without Separate Written Opinion Non Participating Judge(s): Diaz and Graves, JJ. Dissenting Author : Easley, J. |
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| Trial Court: |
Date of Trial Judgment: 10-27-2003 Appealed from: Wilkinson Circuit Court Judge: Denise Owens Case Number: 03-0129 |
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| Note: | No link | |
| Party Name: | Attorney Name: | |||
| Appellant: | Edward Kirk Smith |
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| Appellee: | Richard Hollins |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Election contest |
| Summary of the Facts: | A Democratic Party primary election for the District 2 Supervisor position in Wilkinson County was held on August 5, 2003. Richard Hollins and Edward Kirk Smith were the only two candidates on the ballot. District 2 was created as a result of a redistricting plan approved by the United States Department of Justice, and the primary was the first election held in the new district. When the tallying was completed, the two contenders each had 406 votes. The Wilkinson County Democratic Party Executive Committee did not certify a winner. Instead, a second primary election was held on August 26, 2003. Initially, it appeared that Smith had more votes than Hollins. Hollins filed a petition for judicial review of the election in circuit court alleging numerous voting irregularities. The Supreme Court ordered that a special tribunal hold an evidentiary hearing. The tribunal found that six additional votes should be added for Smith and twenty additional votes should be added for Hollins, making the final tally of 516 votes for Smith and 519 votes for Hollins. Hollins was declared the winner of the second primary. Both parties appeal. |
| Summary of Opinion Analysis: | The tribunal's findings as to the validity or invalidity of the challenged ballots were correct. Many of the ballots were challenged due to redistricting, but the tribunal received evidence and testimony pertaining to the correct precincts for each of these person and based her findings on this evidence and testimony. Most of the absentee ballots which were challenged because of statutory requirements were correctly determined to be valid. However, the tribunal erred in its count of the validated ballots. Seventeen votes should have been added to Hollins' total, and nine votes should have been added to Smith's total. The corrected tally leaves Smith with 519 votes and Hollins with 516 votes. The Tribunal's final tally is reversed and rendered, and a special election shall be called and conducted as provided by applicable law. |
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