Video: Moore vs. Spruill – Motion To Dismiss Denied

STARKVILLE, Miss. (WCBI) – Special Judge Barry Ford denies a request on Thursday, from Starkville Mayor Lynn Spruill, to dismiss the election challenge filed by Johnny Moore.

Moore wants a review of the ballots and the way the election was conducted.

Spruill’s attorneys were hoping the challenge would be dismissed because they say Moore didn’t follow proper procedures in challenging the tightly contested runoff race.

A month ago today, Mayor Spruill and opponent Johnny Moore, met at city hall for a hearing before the Democratic Executive Committee.

Today, they met again at the courthouse, debating why the case should or shouldn’t move forward in a courtroom.

A lot of play by plays have played out since Democratic mayoral opponent Johnny Moore contested the runoff election results.

A committee party hearing, a court filed motion, and a motion for dismal of that court filed motion.

On Thursday, Special Judge Barry Ford denied that motion filed by Mayor Spruill’s team.

“The main thing he looked at was a Supreme Court case from Clay County, where this issue has come up before about whether you have to wait for the executive committee to rule or not, and the Supreme Court in an unanimous opinion said that you do not have to wait and so that was the basis of his decision,” says Moore’s attorney, William Starks.

Starks says they’re happy with the decision and look forward to presenting their case in court.

“He ruled in our favor to allow us to go forward and proceed on the merits and let the voters see what the true result of the election was,” says Starks.

However, there’s still a chance the case won’t go before a judge.

“We’re trying to decide right now whether we are going to go ahead and raise this issue in an interlocutory appeal, which is one that we would file now rather than wait for the rest of the case to go on and ask the Mississippi Supreme Court whether they agree if this court does have jurisdiction given the facts of the case,” says Spruill’s attorney, Jim Mozingo.

If they do agree with Judge Ford’s decision, then a variety of options could come into play.

“There could be a recount that determines the count was right in the first place. There could be a determination about certain ballots that show a different result. There could be a, and this is just all conceivably, but there could be a determination that it’s also all so confused and the law is such that the only proper way to do this is to have another election.”

Although the legal back and forth has been going on since May, it hasn’t stopped Mayor Spruill from fulfilling her city duties.

“I certainly don’t think it’s going to prevent Lynn from doing the best job she can for the city and continuing to operate as if, what we think is going to happen, as if we’re going to prevail in this election contest,” says Mozingo.