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Milner election drama continues: Smith’s challenge misdirected

In the wake of the certification of the Milner election results in which he lost the mayoral race to Andy Marlowe 110-101, unsuccessful candidate Richard Smith wrote county administrator Sean Townsend asking the election be nullified. In his letter, he cited multiple concerns. However, county governments cannot nullify an election or an election result. The only avenue for appeal is through superior court and Smith has missed the deadline for such a challenge as mandated by state law. ******************** NOTICE: This story and photo(s) are under copyright. They may not be republished or disseminated in any form or format – including social media – without explicit permission. ********************* In his original letter dated June 16, Smith made allegations that county commissioner Nancy Thrash felt accused her of criminal activity. She referred the matter to her attorney, Sean R. Smith, who demanded a retraction from Smith in a letter dated June 19. Smith backed down somewhat in a revised letter to Townsend today (June 24). He wrote, ‘Under threat of litigation from Commissioner Nancy Thrash, I have reviewed and revised certain statements that I made in the original complaint letter’¦While Commissioner Thrash’s actions were improper and against security protocol, at no time did I intend to accuse her of any illegal activity.’ The proper avenue to appeal or nullify an election result is through superior court. Such an appeal must be filed within five calendar days following the certification of results unless the fifth day falls on a Saturday or Sunday. In that event, the deadline is the following Monday. In this case, that deadline was Tuesday, June 23. Clerk of Court Caleb Tyson and Lisa Caldwell, administrative assistant to Chief Judge Tommy Wilson, reported June 24 that no such civil action had been filed. The Herald Gazette has sought information from the Secretary of State to determine if Smith filed any sort of appeal there. No answer was immediately forthcoming. More to follow’¦

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