Judge rules for revote for 2 precincts in 150th House District - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Judge rules for revote for 2 precincts in 150th House District

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CAMPBELL, MO (KFVS) -

A judge ruled there would be a revote of the Campbell Rural and Campbell Ward 2 precincts on Tuesday, December 18 for the 150th legislative district in Missouri.

A trial was held Monday in the Circuit Court of Dunklin County in the case of Carol Hinsley, Dunklin County Clerk v. Tom Todd and Kent Hampton.

At issue was whether a new election would be ordered in the 150th legislative district that comprises parts of Pemiscot and Dunklin Counties.

Judge Wm. Hense Winchester time to read a trial brief submitted by Russell Oliver, attorney for Kent Hampton, and to read the deposition of the Plaintiff, Carol Hinsley, who was unavailable because she had left the United States on Saturday, December 1, and at the time of trial Ms. Hinsley was in Cancun, Mexico.

After the recess, the Judge ruled from the bench that there would be a revote of only the Campbell Rural and Campbell Ward 2 precincts on Tuesday, December 18.

The vote margin of victory for Kent Hampton outside the Campbell Rural and Ward 2 precincts was 140 votes. In order for the result of the election to change, Tom Todd will have to garner 141 votes more than Hampton in these two precincts.

"While it was our position that no new election was necessary, we respect the judge's decision and will gladly participate in a revote of these questioned precincts," said Russell Oliver, Kent Hampton's attorney. "We certainly want to insure that the legitimacy of our election process is secure."

Oliver was uncertain whether or not Tom Todd or the Clerk would file an appeal. Hampton plans to participate in the revote and will not file an appeal of the decision if the other parties chose to do the same.

Hinsley requested that the court order a new election in the entire district, including both Pemiscot and Dunklin counties, due to her office having given numerous voters in the Campbell Rural precinct who lived in the 150th district ballots for the 152nd,, and vice versa.

The clerk also alleged that while only 253 voters signed the poll books in Campbell Ward 2, there were 316 votes cast. It is unknown how these 63 ballots were cast by voters who did not sign the poll book.

Stephen Sokoloff, the Plaintiff's attorney, is the Dunklin County Prosecuting Attorney.

Russell Oliver is the part-time Stoddard County Prosecuting Attorney. However, he was not acting in his capacity as prosecutor during this litigation and was Kent Hampton's private attorney.

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