By DAVID SILVERBERG
SEMO News Service
KENNETT, Mo. -- Another attempt by Tom Todd to have a new election in all of Missouri House District 150 has failed.
In a petition for a writ of prohibition which was filed Thursday in the Missouri Southern District Court of Appeals, Todd requested Judge William Winchester's order for a Dec. 18 election in only two precincts be set aside.
Todd, a Democrat from Campbell, Mo., and a former state representative, was defeated by state Rep. Kent Hampton, a Republican from Malden, Mo., in the Nov. 6 general election. Hampton won by 116 votes, 5,953 to 5,837.
In his petition, Todd wanted the Appeals Court to order a new election in the entire District 150 which includes most of Dunklin County and the southern part of Pemiscot County. He is being represented by his nephew, attorney Daren Todd of Malden.
The request was denied Friday by the Southern District Court of Appeals.
Attorney Russell Oliver of Bloomfield, Mo., who represents Hampton, said if Todd's request had been granted it would have forced Winchester to order a re-vote in all of District 150, even in precincts where no voting irregularities occurred.
The voting irregularities involved voters in the Campbell Rural and Campbell Ward 2 precincts receiving the incorrect ballot style. The Campbell Rural Precinct is divided between House districts 150 and 152.
Dunklin County Clerk Carol Hinsely filed a petition for a new election in all of District 150, but Winchester on Dec. 3 ordered a re-vote in only the two precincts where some voters were given the wrong ballot.
Hinsely did not join Todd in his petition to the appeals court.
Oliver said his client was willing to stand by Winchester'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 re-vote and will be out knocking on doors in Campbell Rural and Ward 2 tomorrow," Oliver said in a news release Friday evening.
"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 apiece to conduct a new election just to give himself a second chance."
It is unknown if Todd plans on seeking any further remedy from the Missouri Supreme Court.