Smith County voters file lawsuit against Republican lawmakers

Left to Right: Mark Tullos, Bo Eaton

SMITH COUNTY, Miss. (WJTV) – Just hours ago five Smith County voters filed a federal lawsuit demanding their votes be counted in the District 79 House of Representatives election.

Back in November, there was a tie vote, then straws were drawn and longtime Democratic Representative Bo Eaton was declared the winner.

But that result was thrown out when the house decided five affidavit ballots that were originally counted, should be tossed out and that meant Republican Mark Tullos was the winner.

Now those voters are suing the House as a whole, Speaker Philip Gunn, and four Republican lawmakers who were on the committee that recommended disqualifying these votes.

They say they were disenfranchised and their constitutional rights were violated when their votes weren’t counted.

The court has several options in this case, but the attorney who filed the lawsuit hopes those five votes will be counted, and that would mean Eaton is seated and Republicans would lose their super majority in the House.


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