Lester Harmon’s challenge of Temple’s Nov. 3 mayoral election was dismissed Wednesday on a technicality by Superior Court Judge Richard Sutton before the case could being heard.

Temple Mayor Rick Ford won re-election Nov. 3 over Harmon by three votes and a subsequent recount confirmed the same result. However, Harmon claimed in a Superior Court challenge filed shortly after the recount that the election should be deemed invalid due to votes allegedly cast by unqualified voters.

Harmon’s attorneys, Jason Bice and William Matthews, never had the opportunity to present their case to Judge Sutton because Ford’s attorney, David Mecklin, and the attorney for Elections Supervisor Patti Brown-Traylor and the Carroll County Board of Elections, Nathan Lee, successfully argued that a special summons as required by a 2006 appellate court decision was never served.

“The law requires that a person be given notice of a petition or lawsuit that is filed against them so that they have the opportunity to appropriately respond,” Mecklin said. “In an election contest, there is a requirement of a special process that be sent and served with the complaint and that was not done. The law clearly requires that it be done in order for it to be a valid election contest. The case the judge reviewed, Swain vs. Thompson, was directly on point and made the point that because process was not served on Mr. Ford or the Election Board the case had to be dismissed.”

Harmon had claimed in court documents that the election should be invalidated because “there was misconduct, fraud, or irregularity by an election official, which was sufficient to change or place in doubt the result of the election when election officials allowed illegal votes to be cast in such numbers as to change or place doubt the result of the election.”

Court documents also state the Office of Carroll County Board of Elections and Registration is in possession of information regarding electors that registered, moved or filed a change of address between Aug. 8 and Oct. 4, 2009. Harmon claims to have requested this information, but alleges the board denied inspection of the materials.

Harmon further claims that on Nov. 3 illegal votes were received at the polls by at least six or more unqualified electors and then counted in the final tally.

Harmon said after the decision was made that he would have to confer with his attorneys before deciding whether or not he would appeal the judge’s ruling. He added that his actions thus far have been for the purpose of ensuring that only the voters of Temple elect their officials.

“We have our case and it’s rock solid. We’re positive we can prevail if we can present the case,” he said. “That’s all we’re asking for, our fair day in court.”

Mecklin said it is Harmon’s right to appeal Wednesday’s decision, but the statute of limitations on filing a new challenge to the November election has expired.

“It is our belief that with the dismissal of this petition that there can be no more filing of a new petition to contest the election,” Mecklin said. “Mr. Harmon does have the right to appeal the court’s decision here to the appellate court, but he does not have the right to file a new petition to contest the election.”

Ford said he was ready to put the whole matter behind him so he and the city can move forward.

“I respect Mr. Harmon’s right to file a challenge of the election,” he said. “That’s his Constitutional right, but I also have a Constitutional right to due process and I feel that was addressed today. It’s my opinion that the winners are the residents of the City of Temple because now we can move forward with conducting the business of the city and I wish Mr. Harmon and his supporters well.”