H. Gibbs Flanders, Jr., Chief Judge of the Dublin Judicial Circuit, issued his decision denying the petition of Rallie ‘Rooster’ Cogburn to invalidate Gray’s Dec. 1 runoff election two days after taking the matter under consideration.

The order containing Flanders’ findings was received by Jones County Superior Court at 11 a.m. Dec. 30. The case, which lasted approximately two hours, was heard Dec. 28.

Cogburn filed his petition to contest the election Dec. 8. His objection was that five ballots were not counted by the optical scan machines used to count the votes in the election. That number appears more significant because it is the exact number of votes by which he lost the election.

The runoff was between Cogburn and incumbent Loretta Lipsey for the office of mayor pro tem. The Nov. 3 election had three candidates for the post, and Lipsey received the most votes but not the majority needed to avoid a runoff.

Cogburn asked for but was denied a recount of the votes as soon as the results were announced, but because the difference in the votes received by the candidates was not one percent or under, it was in the discretion of Gray Election Superintendent Jamie Lewandowski to recount or not.

Flanders’ order briefly stated the facts in the case showing votes received by Cogburn were 241 and Lipsey 246. The total ballots cast was 492, and the total of votes counted was 487.

The judge concluded that Pitts’ ballot was not counted and was of no consequence to the outcome of the election. He also stated that the plaintiff did not present evidence that the optical scan machines were not in working order, concluding that the five uncounted ballots were blank when ran through the machines.

Flanders said a recount was not mandatory and that the court will not interfere with the election superintendent’s decision not to recount.