01/28/04 — J.B. Rhodes files election appeal

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J.B. Rhodes files election appeal

By Barbara Arntsen
Published in News on January 28, 2004 2:02 PM

Goldsboro City Councilman J.B. Rhodes has filed an appeal to try to get a new election to keep his seat on the council.

Rhodes' appeal was filed Friday in the Wake County Superior Court, but no court date has been set.

Jimmy Bryan is scheduled to be sworn in next week as the new councilman of District 1, unless a Superior Court judge issues a stay.

Mary Beth Grady, assistant clerk of court in Wake County, said that Louis Jordan, Rhodes' lawyer, had requested a stay, but nothing has been scheduled in the courts yet.

The State Board of Elections declared Bryan the winner of the District 1 election that was held Nov. 4.

Originally the ballots showed Rhodes as the winner, but the county Elections Board soon realized that some ballots had been double-counted. A recount made Bryan the winner by one vote.

Rhodes appealed that decision to the State Elections Board, but on Dec. 19 the board upheld the recount for Bryan. Danny Roseborough, a District 6 candidate, also appealed the decision after he lost by four votes in the recount. The State Board agreed to hold a new election in District 6 for Roseborough and Jackie Warrick.