Johnny Moore’s challenge of the 2017 Democratic mayoral primary election is going to trial this week.
Moore is contesting his six-vote loss to Lynn Spruill in a May Democratic party runoff. Moore is contending that there were several irregularities with the elections–particularly issues with accepted and rejected ballots.
Spruill, according to results with the Mississippi Secretary of State’s Office, won the runoff election with 1,872 votes to Moore’s 1,866. She’s served as Starkville’s mayor since July.
Columbus attorney William Starks, who is representing Moore, has said in prior hearings for the case that Moore’s challenge primarily hinges on 11 ballots — nine affidavits and two absentees — that were rejected. Moore’s camp believes the ballots should have been accepted.
“It’s mainly affidavits, and one or two absentees we believe should have been counted that were not,” Starks told The Dispatch. “That’s the primary thrust of our argument. We hope the court will find that they are valid and open them.”
The trial is set to begin Monday before former First District Circuit Judge Barry Ford in Oktibbeha County Circuit Court. It’s unclear how long it will take, but much of the week has been set aside.
Ford will receive advisory assistance from election commissioners, but will ultimately decide what to do with the case.
Jim Mozingo, who is representing Spruill alongside Lydia Quarles, said the mayor’s side is confident as they head into the beginning of the case. Starks has previously said Moore is seeking Ford to declare a winner or order a new election.
“We feel good about what we’ve seen,” Mozingo said. “We feel good about where the trial is going. The judge is good and experienced, and he’s been good and fair to both parties so far. We’re expecting this to go off and to get a just and appropriate result.
“We’re still confident Lynn will remain the mayor, but that’s why we have trials,” he added.
Starks said he’s glad that the case, which was originally scheduled to go to trial in February before a delay due to discovery issues, is finally ready to begin.
“We’re glad that it’s finally here and we’re going to have a chance to present our evidence and see how the court rules,” Starks said. “We feel like we have a good case to present, and we’ll let the court rule on our evidence and the facts we present.”
Alex Holloway was formerly a reporter with The Dispatch.
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