Edward Kirk Smith v. Richard Hollins

Summary

The Supreme Court of Mississippi reviewed a contested Democratic primary election for Wilkinson County District 2 Supervisor. After evaluating challenged regular and absentee ballots, the court determined that Edward Kirk Smith prevailed by one vote, reversed and rendered the tribunal's judgment, and declared Smith the winner. The court also held that a special election was required under Mississippi Code section 23-15-937 and overruled Hatcher v. Fleeman to the limited extent it was inconsistent with that holding.

Holdings

1. The court independently reviewed the challenged ballots and determined that 15 absentee votes for Hollins and 5 absentee votes for Smith were valid, while the remaining challenged votes were invalid or could not be counted on the record.
2. The corrected final tally was 515 votes for Smith and 514 votes for Hollins, making Smith the winner of the second Democratic primary for Wilkinson County Supervisor, District 2.
3. Mississippi Code section 23-15-937 required a special election because Smith prevailed in the election contest and Hollins had already taken office.
4. Hatcher v. Fleeman was overruled to the limited extent that it held a special election was not required in circumstances governed by Mississippi Code section 23-15-937.

Questions Presented

1. Which challenged regular and absentee ballots were legally cast and should be included in the final tally?
2. Whether the evidence established that particular absentee ballots were invalid because of defects involving signatures, attestation, voter eligibility, registration, residence, or precinct assignment.
3. Whether Mississippi Code section 23-15-937 required a special election after Smith prevailed in the contested primary and Hollins had taken office.
4. Whether Hatcher v. Fleeman remained good law insofar as it held that a special election was unnecessary in comparable circumstances.

Disposition

other