Kemper sheriff election dispute thrown out

By Staff
December 6, 2003
By Steve Gillespie / staff writer
A Circuit Court judge on Friday dismissed an election challenge filed by an unsuccessful Democratic candidate for Kemper County sheriff.
Circuit Court Judge Albert B. Smith III of Bolivar County, who was to preside over a trial in the case beginning next week, granted Kemper County Sheriff Samuel Tisdale's motion to dismiss a petition filed by Johnny Harpole contesting the Aug. 26 Democratic runoff.
Harpole had challenged the election results after a review of the ballot boxes, citing numerous irregularities with the ballots. A Kemper County Democratic Executive Committee's hearing on the claims found that absentee ballots had been allowed that were not legal. The committee threw those ballots out, recounted the votes and ultimately certified Tisdale as the winner by 159 votes.
Harpole had appealed the executive committee's certification of Tisdale as the winner.
Tisdale's attorney, Linda A. Hampton, said Friday that the ruling was not a surprise.
She added that she was glad the judge ruled on the motion before the trial, which was scheduled to begin on Thursday.
Harpole's attorney, Bill Ready Jr., said Friday that Smith's motion does not end the issue.
Ready said it will be a motion to reconsider, which the plaintiff has 10 days to file.
Smith's order stated: "This Court is of the opinion that there are several fatal defects in the Plaintiff's Petition which require this court to dismiss the Petition. First, this Court notes that it lacks jurisdiction over this matter pursuant to Miss. Code Ann., 23-15-927 in that the Plaintiff has failed to allege any act, or failure to act, on the part of the Democratic Executive Committee which would allow this Court to undertake a judicial review of the Committee's findings."
Tisdale went on to win re-election in the Nov. 4 general election against two independent candidates with 56 percent of the vote.