Candidates sue to set aside Hardin County election results

Aug. 24– A civil suit has been filed in Hardin County Chancery Court to set aside the results of the Aug. 5 mayoral and sheriff elections.

Hardin County mayoral candidate Kim Stricklin and sheriff candidate Jim Davis say in the suit they want the results to be examined by an "independent computer forensic expert to determine the accuracy of the voting machines" and the validity of the elections.

However, Davis told The Courier today he has reconsidered and will drop out of the suit as a plaintiff as soon as the appropriate motion can be submitted to the court.

In a three-way race, Stricklin came in second to incumbent mayor Kevin Davis by 215 votes, 2,953 to 3,168. In a four-way race for sheriff, Jim Davis also came in second, losing by 173 votes to incumbent Sammy Davidson, 3,056 to 3,229.

The suit, written by Stricklin, charges an inconsistency existed in the manner votes were tabulated between early voting and the general election. Early vote machines were tabulated off flash cards, and the election night returns were tabulated off the portable electronic ballot devices.

The plaintiffs contend they were not informed of this during the mandatory voting machine examination, and the manner of tabulation constitutes unauthorized access to the voting machines.

Alleged discrepancies between early voting results and election day results in a majority of the precincts are also cited.

Stricklin points out that in his voting precinct, Rhodes Store, he received a significantly greater percentage of the vote on election day than during the early vote. Stricklin got 93 of 148 votes for mayor on the day of the election (63 percent), but only 44 of 120 votes cast during the early voting period (37 percent).

The suit, filed Friday, further cites an unsolved break-in at the Hardin County Courthouse which occurred between the close of business on Friday, July 16 and the opening for business the following morning.

According to Savannah police, an Election Commission employee reported someone had pried on the door to the election commission office and the door was jammed. Other offices in the courthouse reported damage or entry.

In a final assertion, the plaintiffs allege Hardin County Election Commission Chairman Johnny Bellis announced on election night during tabulations that about 100 absentee ballots were outstanding.

Then, "after taking approximately one hour to allegedly count said ballots, final numbers remained unchanged from the previous report and Bellis retracted his previous statements that said absentee ballots were outstanding, but rather had been included in the original number."

Marilyn Adams, administrator of the local election commission, referred questions to Hardin County Attorney Curt Hopper.

Hopper’s office was contacted this morning, but he was in court and unavailable for comment at the moment.