By Candice Ludlow
http://stream.publicbroadcasting.net/production/mp3/wkno/local-wkno-928108.mp3
Memphis, TN – Attorneys on both sides of the case contesting the August 5th election were shocked today when judge Arnold Goldin dismissed the case without hearing any testimony from the Shelby County Election Commission. Candice Ludlow reports.
The plaintiffs were ten losing candidates. They put on their case yesterday. They sued the Election Commission saying the election was "incurably uncertain." Today, Judge Goldin told them their evidence was not good enough to overturn the results.
John Ryder is one of the attorneys for the victorious Election Commission. He said the case was dismissed because there was no crime committed.
"And the Supreme Court of Tennessee has said that is the standard in an election contest is you have to prove fraud and illegality, and their witnesses said there was none," Ryder said.
The plaintiffs called several witnesses, including one expert, Julie Ann Kempf, who testified that the Election Commission did not do a thorough logic and accuracy report on all of the voting machines. But Ryder said her report was incomplete. "It appears that she did not examine the full logic and accuracy test that was provided to the plaintiffs earlier," Ryder said.
One of the plaintiffs, Shep Wilbun, said it's not over. He said they may appeal or find another avenue to contest the election. But first, they need to regroup.
The election was called into question after people were turned away from the polls and told they had already voted even though they hadn't. The Election Commission said their IT Director mistakenly loaded early voting data from the previous election into the August poll books.
The Commission is preparing for the November 2nd election. Early voting begins on October 13th.