Testimony begins in election hearing JEFF CLARK Monroe Journal ABERDEEN — Testimony got under way Wednesday in the case of Cloyd Garth versus Wilchie Clay and the Aberdeen Democratic Executive Committee (ADEC). Judge Henry Lackey presided over the hearing. Garth filed a petition for judicial review of election contest last week after his opponent, Wilchie Clay, was declared winner of the Ward 2 Alderman election. A $300 bond needed for the petition was secured by Garth and Ward 1 Alderman Alonzo Sykes.
In the April 22 Ward 2 runoff, Garth defeated Clay by a total of one vote. After an inquiry was held by the ADEC, three voters were found to have cast votes twice, both in absentee form and at the polls.
“We believe with overwhelming evidence that Mr. Garth influenced those votes and that the three voters cast fraudulently cast absentee votes,” Jim Waide, Clay’s attorney, said. “These people voted twice and they were Garth voters. The Aberdeen Democratic Executive Committee did a thorough investigation into this matter.”
Kirk Tharp, ADEC attorney concurred with Waide. “I felt the committee, my client, did the right thing by throwing these votes out,” he said.
According to Garth’s attorney Gary Goodwin, the poll workers and the ADEC should be held responsible for the discrepancies,
“We feel that the poll workers failed to do their jobs,” Goodwin said. “We have three votes that should be counted. There was no fraud on behalf of my client.”
Goddwin’s first witness of the day was ADEC Chairman Coy Flynn. Flynn stated that he felt that the committee acted properly and responsibly in reaching their decision and that he had received a number of complaints about the primary election held April 1. According to Flynn, then-mayor Cecil Belle was one of the complainants.
During his testimony, Flynn said the committee investigated the runoff because of the number of absentee votes cast in the ward.
“Wilchie Clay won the poll vote 234 to 209,” Flynn said. “However, Garth had 55 absentee votes to Clay’s 29. This gave Garth a one vote advantage. There was no motive by the committee to favor one candidate over another. We only wanted to fully represent the will of the people.”
Goodwin next called city clerk Jackie Benson to the stand. According to Benson’s testimony, the ADEC was one day late in officially certifying Clay as the winner.
Benson was also questioned on the validity of the absentee ballots cast by Clayton Gates, Ryan Love and Robert Wilson. Benson said Gates checked he would be out of town on election day, Love didn’t check anything and Wislon checked that he was permanently or temporarily disabled on his absentee application.
During Gates testimony, he stated he is a resident of 503 Burnett St. in Ward 2. He also said that he was driven to vote absentee by Theresa Straughter and that he voted absentee because he was planning to be on a vacation in Florida during the runoff. He also said numerous times that he thought he was voting in the “election” when he voted absentee on Saturday, April 12 and he was voting in the “runoff” the second time he voted. When asked if he talked to Garth, he stated, “Only when I’m in trouble. He also testified that had voted for Wilchie Clay.
According to Ryan Love’s testimony, he is a voter of Ward 1 and he should have never been allowed to vote in Ward 2. Love is listed on the Ward 2 voter roll at 605 Burnett St. He stated under oath that he lives at 605 Bennett St.
Love also stated many times that he voted absentee on Saturday, April 12 and then three days later on April 15 at the Ward 2 precinct. Although the election was held on April 22, Love was adamant about the date he allegedly voted.
The last person to testify Wenesday was Wilson. Wilson said that he “lived in the ward were Wilchie Clay had been his long term alderman” and that he “didn’t remember voting at the polls on April 22.”