Judge Declines To Order District 9 Runoff Election Pending New Hearing

  • Wednesday, March 27, 2013

Chancellor Frank Brown on Wednesday declined to order a City Council District 9 runoff election pending a further hearing in the case. 

Councilman Peter Murphy had sought an order for a runoff April 9, saying no candidate got a required majority vote.  Former Councilman Yusuf Hakeem got six more votes than Councilman Murphy, but there were seven write-in votes.  The Election Commission ruled in favor of Mr. Hakeem and discounted two write-ins.  

Chancellor Brown held a hearing Wednesday in which Election Administrator Charlotte Mullis-Morgan and City Attorney Mike McMahan were the only witnesses.  A new hearing date was set for April 9.  

Early voting has already started for the only runoff sanctioned by the Election Commission - District 4.

The Election Commission, on the night of April 9 is due to certify all the winners and is expected to certify Mr. Hakeem at that time.  New City Council members are due to be sworn in a week later.  

Attorney McMahan said in his 39 years in the city attorney's office there has not been a case where an office was left vacant due to an election dispute.  He said one section of the city charter says a council member can stay in office until a successor is approved. 

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