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Judge dismisses Eutaw case

EUTAW – A circuit judge has thrown out the election contest of a city councilman on technical grounds.

Judge Eddie Hardaway on Monday dismissed Eutaw Councilman David Spencer’s challenge to the Sept. 14 run-off in which he lost to Trudy Vanable Cox by a 144-71 vote margin.

Spencer had alleged fraud in the vote tabulation process.

“What happened there was procedural,” Taylor said of Hardaway’s dismissal.

In the order, Hardaway said Spencer did not list the office for which he was running, that he did not file a bond or security for costs and that he does not allege that he was a qualified voter in his contest.

“I thought the judge was prejudiced until I looked at the law, but I realize we had some problems,” Spencer said.

Spencer also noted in his letter of contest to Circuit Clerk Johnnie Knott, dated Sept. 17, that he was prepared to meet any further legal requirements that may have been required since Knott was out of the office at the time he filed his challenge.

“I couldn’t file a bond because [the deputy clerks] wouldn’t give me the amounts because [Knotts] was out nursing someone in her family so that’s why I put that in my letter,” Spencer said.

“In the letter, I told her I’d satisfy all requirements when she returned,” he said.

Still, Spencer said he would continue the fight to expose voter fraud he termed “clear.”

“Maybe we can find a place in a court to be adverse to what we have here – election fraud,” he said. “We’re going to continue to find some justice somewhere.”