A judge dismissed a lawsuit Friday that asked for an Arkansas House primary election to be thrown out due to alleged wrongdoing with absentee ballots in Crawford County.The judge in Franklin County found the suit wasn’t filed in the correct jurisdiction. An attorney for Jody Harris asked for the suit to be transferred to Crawford County, but the judge denied the request.Harris’ attorney plans to appeal the case to the state supreme court.House District 25 ElectionJody Harris was running in the Republican Primary for House District 25. Chad Puryear was the only other candidate running in the primary.The current representative for District 25, Bruce Coleman, supported Puryear in the race. Bruce Coleman’s brother, Bill Coleman, is the chairman and senior Republican member of the Crawford County Board of Election Commissioners. Bruce Coleman’s son-in-law, Mike Moxley, is the second Republican election commissioner.Counting The BallotsHarris was leading the race late in the night while ballots were still being counted, according to the lawsuit. The commissioners had decided to count the absentee ballots last. Arkansas law requires that absentee ballots be counted before the polls close.Rep. Bruce Coleman was seen talking to Bill Coleman outside the door of the central count location at this time, according to the lawsuit.Bill Coleman indicated the election commission would pack up for the day and count the absentee ballots later, according to the lawsuit. A poll watcher insisted that the commission count the absentee ballots that night.Coleman and the commission relented, left the count center and went to another building. When they returned, Coleman said the commission had found thirteen absentee ballots that had been cast and not counted.Of those thirteen absentee ballots, only eight of the ballots were for the House District 25 race. When absentee ballots were added to the result, Puryear pulled ahead and won the race by a total of six votes.After the results were released, Jody Harris requested a recount of the entire race.Ballots Taken HomeHarris went to the recount on May 25. The absentee ballots were not present at the recount.Bill Coleman said he had taken the ballots to his home and that they were still there. He said the ballots were “trash” because they had been remade, as Arkansas law requires, in order to run them through a tabulator.Coleman told 40/29 News he had made an honest mistake.”And (I) inadvertently left those canceled ballots that had been transferred over to the new ballots, I had inadvertently left those in my truck. And so, then Saturday morning when we got here, I didn’t have them with me. That was an unfortunate thing on my part. I just overlooked them when I was unloading stuff out of the truck that night,” he said.When Bill Coleman brought the ballots back, they showed eight total votes in the House District 25 race, three for Harris and five for Puryear.Memory Boucher, the only Democratic member of the election commission, was the one who transferred the votes to the new ballots. The new ballots weren’t marked as duplicates as required by state law, according to the suit.Clint Lancaster, an attorney for Harris, told 40/29 News this posed a problem.”I’m unable to take and relate the ballots that were voted by the voter with these original ballots that were in the absentee ballots. What should have been done was for the election commission to follow Arkansas law and stamp ‘duplicate’ on the duplicate ballots,” he said.The lawsuit claims a person who wasn’t an election official to touch, handle, possess and mark for voting blank absentee ballots. The lawsuit does not state who the person was.When asked about the allegation at a June meeting, Boucher only replied “no comment,” according to the suit.Certified ResultsThe Crawford County Clerk told the public the meeting to certify the results would be held at 1:30 p.m. on June 3. Bill Coleman went to the meeting and announced the commission had met at 1 p.m. and voted to certify the results then.The lawsuit states that the numerous violations of election law meant that the commission was unable to count votes and that the certified result is unreliable and the actual result uncertain.The suit asks for the court to void the election.In June, Chad Puryear told 40/29 News he believes the process was fair to both candidates and he thinks he’s now the clear winner in the primary election.”I’ve got more votes than the opponent and we carry that into getting certified and we’ll be the candidate,” he said. “No change in all the recounts in all three counties; what the Harris campaign is questioning is the eight absentee ballots in question. Those ballots were transcribed under the observation of Charlotte Douglas of the Harris campaign. She had no objection on election night, those were then filed as correct ballots. I don’t see how that could have any bearing on this race.”
A judge dismissed a lawsuit Friday that asked for an Arkansas House primary election to be thrown out due to alleged wrongdoing with absentee ballots in Crawford County.
The judge in Franklin County found the suit wasn’t filed in the correct jurisdiction. An attorney for Jody Harris asked for the suit to be transferred to Crawford County, but the judge denied the request.
Harris’ attorney plans to appeal the case to the state supreme court.
House District 25 Election
Jody Harris was running in the Republican Primary for House District 25. Chad Puryear was the only other candidate running in the primary.
The current representative for District 25, Bruce Coleman, supported Puryear in the race. Bruce Coleman’s brother, Bill Coleman, is the chairman and senior Republican member of the Crawford County Board of Election Commissioners. Bruce Coleman’s son-in-law, Mike Moxley, is the second Republican election commissioner.
Counting The Ballots
Harris was leading the race late in the night while ballots were still being counted, according to the lawsuit. The commissioners had decided to count the absentee ballots last. Arkansas law requires that absentee ballots be counted before the polls close.
Rep. Bruce Coleman was seen talking to Bill Coleman outside the door of the central count location at this time, according to the lawsuit.
Bill Coleman indicated the election commission would pack up for the day and count the absentee ballots later, according to the lawsuit. A poll watcher insisted that the commission count the absentee ballots that night.
Coleman and the commission relented, left the count center and went to another building. When they returned, Coleman said the commission had found thirteen absentee ballots that had been cast and not counted.
Of those thirteen absentee ballots, only eight of the ballots were for the House District 25 race.
When absentee ballots were added to the result, Puryear pulled ahead and won the race by a total of six votes.
After the results were released, Jody Harris requested a recount of the entire race.
Ballots Taken Home
Harris went to the recount on May 25. The absentee ballots were not present at the recount.
Bill Coleman said he had taken the ballots to his home and that they were still there. He said the ballots were “trash” because they had been remade, as Arkansas law requires, in order to run them through a tabulator.
Coleman told 40/29 News he had made an honest mistake.
“And (I) inadvertently left those canceled ballots that had been transferred over to the new ballots, I had inadvertently left those in my truck. And so, then Saturday morning when we got here, I didn’t have them with me. That was an unfortunate thing on my part. I just overlooked them when I was unloading stuff out of the truck that night,” he said.
When Bill Coleman brought the ballots back, they showed eight total votes in the House District 25 race, three for Harris and five for Puryear.
Memory Boucher, the only Democratic member of the election commission, was the one who transferred the votes to the new ballots. The new ballots weren’t marked as duplicates as required by state law, according to the suit.
Clint Lancaster, an attorney for Harris, told 40/29 News this posed a problem.
“I’m unable to take and relate the ballots that were voted by the voter with these original ballots that were in the absentee ballots. What should have been done was for the election commission to follow Arkansas law and stamp ‘duplicate’ on the duplicate ballots,” he said.
The lawsuit claims a person who wasn’t an election official to touch, handle, possess and mark for voting blank absentee ballots. The lawsuit does not state who the person was.
When asked about the allegation at a June meeting, Boucher only replied “no comment,” according to the suit.
Certified Results
The Crawford County Clerk told the public the meeting to certify the results would be held at 1:30 p.m. on June 3. Bill Coleman went to the meeting and announced the commission had met at 1 p.m. and voted to certify the results then.
The lawsuit states that the numerous violations of election law meant that the commission was unable to count votes and that the certified result is unreliable and the actual result uncertain.
The suit asks for the court to void the election.
In June, Chad Puryear told 40/29 News he believes the process was fair to both candidates and he thinks he’s now the clear winner in the primary election.
“I’ve got more votes than the opponent and we carry that into getting certified and we’ll be the candidate,” he said. “No change in all the recounts in all three counties; what the Harris campaign is questioning is the eight absentee ballots in question. Those ballots were transcribed under the observation of Charlotte Douglas of the Harris campaign. She had no objection on election night, those were then filed as correct ballots. I don’t see how that could have any bearing on this race.”
