Attorney Jim Mozingo filed an interlocutory appeal on behalf of Starkville Mayor Lynn Spuill, which was approved by the Oktibbeha County Circuit Court.
Special Judge Barry Ford, who was appointed by the Mississippi Supreme Court in mid-June to oversee the hearing, denied Spruill’s motion to dismiss Moore’s request for judicial review in
Oktibbeha County Circuit Court in July. Spruill’s team argued Johnny Moore’s challenge circumvented the Starkville Municipal Democratic Committee by filing for judicial review in Oktibbeha County Circuit Court.
Spruill’s team questioned the jurisdiction of the special judge given how the challenge was handled during the committee hearing on June 13.
According to the court document, it approved the request of the plaintiff to review the ballot boxes presently in the custody of the City Clerk of Starkville and make copies of the nine affidavit ballots and their envelopes, all the absentee ballots and their envelopes and voter receipt books.
All other requests of the plaintiff for inspection of the ballot boxes and copying their contents have been denied.
Moore and his legal counsel will contact the participating parties to arrange a mutually convenient time for the inspection and copying of documents.
Despite the challenge moving forward, Spruill still holds Starkville’s highest office after being sworn in on July 3.
Spruill was certified as the winner by seven votes in May.