PONTOTOC – A bench trial is set to begin Tuesday to once and for all decide the Pontotoc City Ward 3 seat.
Challenger Dennis R. (D.R.) Simmons beat out incumbent Terry Weeks for the seat garnering 132 votes to Weeks 129 in run-off voting last May.
Weeks contested the race, however election commissioners declared Simmons the winner. He was sworn into office last June, assuming his duties the first Tuesday in July.
Later, Weeks filed a complaint in Circuit Court against the Pontotoc Municipal Democratic election committee contending there were irregularities in the whole run-off voting process.
Among the contentions in his complaint, Weeks charges there were 12 voters who voted who did not reside in ward 3 and were allowed to vote.
Weeks is seeking to have the election either over turned, or the judge order a new election for the seat.
The bench trial will begin at 9 a.m. Tuesday in the circuit court room at the courthouse under the gavel of Judge Ashley Hines from the fourth judicial district.
Gene Barton is the attorney for Weeks, and Henderson Jones is the attorney for the Democratic committee.
Regina Butler/Pontotoc Progress