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Special Judge To Hear Mayoral Election Case
Updated November 20, 2015 7:54 AM
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(BEDFORD) - A special judge will rule on the request for a recount of the Mitchell Mayoral Race.

According to court records, independent candidate and recently elected Mitchell Mayor John "JD" England had his attorney Dave Smith request a new judge.

England defeated former Republican Mayor Dan Terrell 499-495. Democrat Eugene "Pud" Terrell received 229 votes with William H. "Bill the Truck Driver" Conley received 8 votes.

Last Friday, Terrell had his attorney, William Mullis of Mitchell, petition the court for a recount and contest the election, stating that people who voted did not live within the city limits.

Then on Tuesday, England's attorney, David Smith of Bedford, filed a formal response stating England denies that votes were not correctly counted and returned.

Smith also requested a new judge be appointed to the case. Lawrence County Circuit Court Judge Andrea McCord granted that request and appointed Monroe Circuit Court Judge E. Michael Hoff to hear the case.

Smith also requested that the judge disqualify Mullis as Terrell's attorney stating that Terrell claims there were also mistakes made in the printing and distributing of ballots and programming of the voting machines. Terrell also claims a voting system malfunctioned, and that "a deliberate act or series of actions occurred in one or all of the following precincts: Marion 1, Marion 2, Marion 3 and/or Marion 4.

Smith states Mullis should be disqualified because Mullis served as a polling place inspector for Marion 2 and 3 on Election Day and that Mullis could be a potential witness in the case and according to professional rules of conduct for Indiana lawyers, an attorney cannot be both a witness and advocate in the case.

No hearing dates have been scheduled.

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