ABERDEEN — After hearing two days of testimony, Judge Henry Lackey ruled that a special election will be called for in Ward 2. The court will be petition Gov. Haley Barbour for the special election, which was decided in a tribunal of lackey and Aberdeen Election Commissioners Betty Jackson and Barbara Vassar.
“I realize after hearing the testimonies that we need to educate our youngsters that voting is not a right, it’s a freedom,” Lackey stated. “Proof shows that absentee ballots were cast by people that weren’t qualified and three of those voters voted again on election day and some of the voters voted in the wrong ward. This was not a question of fraud, but whether or not the true will of the people was expressed. Myself and the election commissioners were not convinced that the will of the people was determined.”
In the case of Cloyd Garth vs. Wilchie Clay and The Aberdeen Democratic Executive Committee, Garth, through his attorney, Gary Goodwin, had asked the court to rule that he be declared the outright winner of the Ward 2 Alderman race. Garth defeated Clay by one vote before the ADEC found three voters that had voted twice in Ward 2.
“We think that the thing for the court to do is to let this election stand with Mr. Garth as the winner,” Goodwin said. “People get the kind of government they want. My client has done nothing wrong and he should be the winner f this election.”
Lackey also ruled that the city’s charter states that Garth will remain active alderman until the results of the special election are determined.
Jim Waide and Kirk Tharp, attorneys for Clay and the ADEC, respectively, attempted to prove that not only illegal votes had been cast, but fraudulent ones, as well.
“We ask that the courts throw out all of the absentee votes and declare the poll winner, Wilchie Clay,” Waide said. “We feel that there were many illegal absentee votes cast and we feel that Mr. Garth directly influenced the three voters who voted twice.”
Garth, who testified under oath, declared his innocence through out the hearing.
“Although this is not the outcome that we wanted to see, it will at least allow for another election instead of declaring my opponent the winner,’ Garth said as he exited the courtroom Thursday.
