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Hearing set for election contest
Judge will hear Fannin, Berry case Feb. 5 in the Pike County Courthouse
Published Thursday, January 29, 2009
A hearing date has been set for the Pike County Commission’s District 6 election contest, after Democrat candidate Oren Fannin objected to the now Commissioner Karen Berry’s victory Nov. 4.
Judge Joel Holley, of Lanett, has stepped in to hear the trial after all local judges reclused themselves from hearing the case.
The initial hearing will be Thursday, Feb. 5 at 2 p.m. in the Pike County Courthouse.
The contest, originally filed by Fannin Nov. 21 in the Pike County Circuit Court, came after Berry won by just six votes, 1,391 to 1,385. And that was after a close margin required a recount of all ballots.
Neither Berry, Fannin nor their representing attorneys could be reached for comment.
But, the original lawsuit filed by Fannin claims Berry had “illegal votes” in the general election, which would put his number of legal votes higher than hers.
It does not say how these “illegal votes” were incurred.
Berry, represented by F.P. Ralph, filed a motion in the lawsuit for a more definitive statement from Fannin.
“To defend this matter, the defendant needs a statement specifying the number of illegal votes, and by whom given, and for who given and what precinct or vote place cast which the plaintiff expects to prove at trial,” the document read.
Joel Lee Williams, who is the attorney for the county’s Democrat Party, will represent
Fannin.
If Fannin is victorious in the lawsuit, Rob Johnston, election attorney for the Secretary of State, said he isn’t sure what would happen to the District 6 seat.
He said Fannin may be appointed or a special election may be required.
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Comments
Posted by turtle (anonymous) on January 30, 2009 at 9:38 a.m. (Suggest removal)
When funds are already extremely tight, our schools facing losing teaching units due to proration, and most families in Pike County just hoping and praying they have enough coming in to feed, clothe, and house their families, this type of wasteful taxpayer dollars (and it is because who do you think pays the judges) is uncalled for. Mr. Fannin should be ashamed of himself and the people of District 6 should remind him of his selfishness and wasteful spending if there has to be another election by NOT voting for him.
Posted by REDAY (anonymous) on January 30, 2009 at 9:49 a.m. (Suggest removal)
This is the same old"HANGING CHADS" I seem to recall in Florida.You LOST mr. cryocrat,quit crying foul,get over it,and allow the real disinfranchised,we the tax payers to get our monies worth out of an already disfunctional commision. My hanky for you,Robert E. Day
Posted by uglydog65 (anonymous) on January 30, 2009 at 4:53 p.m. (Suggest removal)
One person - One vote
Through out all illegal votes and the one with the most votes wins. If it ends in a tie, flip a coin.
Posted by uglydog65 (anonymous) on January 30, 2009 at 5:28 p.m. (Suggest removal)
Sorry - throw out
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