In another big court victory for the Kent Hampton campaign the Southern District Court of Appeals denied former State Representative Tom Todd’s Petition in which Todd asked the Court of Appeals to order Judge Wm. H. Winchester, III to set aside the judgment ordering a new election in only 2 precincts and force the Judge to order that all of the 150th district revote, even in precincts where no voting irregularities occurred. The Plaintiff in the original election contest, Dunklin County Clerk Carol Hinsely, who was on vacation in Cancun during the initial hearing, did not join Tom Todd in his Petition to the Appellate Court.
In his Petition for Writ of Prohibition, which was filed in the Southern District Court of Appeals, Todd requested that the Appellate Court order that the entire November 6th election in the 150th district be ignored and that the entire 150th district in both Pemiscot and Dunklin Counties vote in a new election. Before any other party had opportunity to answer or dispute Tom Todd’s Petition, the Southern District Court of Appeals summarily denied Tom Todd’s Petition for Writ of Prohibition based solely on Tom Todd’s assertions in his filings.
Russell Oliver, Stoddard County Prosecuting Attorney and attorney for Defendant Kent Hampton stated, “Kent was willing to stand by the Judge’s decision. We are glad to see that Appellate Court denied Tom Todd’s request and that the new election will occur on December 18th. Kent is looking forward to this revote and will be out knocking doors in Campbell Rural and Ward II tomorrow.”
“Tom Todd is obviously less interested in curing errors as he is in getting himself a brand new bite at the entire apple.” Oliver continued, “It is becoming more and more clear that Tom Todd is the real driving force behind this mess. The Plaintiff didn’t appeal. Judge Winchester provided an inexpensive alternative to cure the errors that the clerk made. Tom Todd didn’t like the outcome of November 6. Now he wants Dunklin and Pemiscot Counties to shell out about $15,000.00 a piece to conduct a new election just to give himself a second chance.”
It is presently unknown if Tom Todd plans on seeking any further remedy from the Missouri Supreme Court.