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Lawsuit filed contesting results of April Goodman mayoral race

Mayoral hopeful sues mayor to contest results

Goodman Mayor Suit

GOODMAN, Mo. - J.R. Fisher:"I won by a huge percentage, and then it's historical because it was as a write in. And then for somebody else to take it away, and change the entire election.. I think it's pursuable."

In April, J,R. Fisher ran against incumbent Greg Richmond for the mayoral seat for the city of Goodman. 

Fisher has run for mayor before.. in 2017, 2015, and 2013. 

But this time, he ran as a write in candidate and lost by one vote, 49 to 48.

The official results show 111 ballots were cast, with 98 of them being counted.

The county clerk explains 13 were not counted because of errors on the ballot, such as a bubble not being filled in, or name being misspelled.

Fisher:"The voters and the community in our town, if it stays on track the way it's going, then their vote doesn't matter because it got changed by somebody else in a different town. And whenever it was stated that it was misspellings or something like that, that takes away voter intent as well. Which is a part of it with a write in."

Fisher also says the total number of votes don't add up, explaining each of the candidates totals, 49 and 48, don't equal 98.

Those are the reasons he has filed a law suit against Richmond, contesting the results and calling for a recount. 

William Weber, Fisher's Attorney:"We just want to look at them. If we get to review the ballots and we find that Mr. Fisher did not win, then of course he's gonna dismiss his suit, he would have to. If we get the ballots and find out that he was tied, well the court's gonna have to order a recount."

Richmond's attorney, Aaron Farber, has filed a motion to dismiss, claiming Fisher would have to name the election authority in the suit, instead of Richmond. 

Weber:"I think the motion to dismiss has been misguided. It totally quotes a totally separate part of the statute that has to do with primary elections. And there's claims on that motion to dismiss that our timing is off, which is absolutely incorrect. Our response is filed [to the motion to dismiss], and I believe that the court, once the court looks at the law and reads the stature, they're gonna deny the motion to dismiss."

On July 3rd, Fisher's attorney filed a motion for access to the sealed votes to look at the thrown out ballots.

Fisher:"Misspellings shouldn't count, cause there was only two of us running. And that's why I want to.. well, I have to keep going at this point."

According to the county clerk, a judge has to sign off on the votes being un-sealed for a re-count to happen.

There's a hearing on July 30th for Richmond's motion to dismiss. 

We reached out to Richmond, but he was advised by his attorney to not comment on this story. 

You can track the suit on Missouri Case Net by using case number 19MC-CV00405, here. 

And you can find the official election results here. 

 

 

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