DA: Upshur commissioner runoff might be voided - KYTX CBS 19 Tyler Longview News Weather Sports

Courtesy of the Tyler Paper

GILMER (KYTX) - Upshur County District Attorney Billy Byrd said it appears that Tuesday's Republican runoff election for Precinct 1 county commissioner will be void and must be held again because the wrong ballots were erroneously given to some voters at one voting location in that precinct.

Byrd said he confirmed that some voters at the county "Rock Building" in Gilmer received ballots that did not have the race between incumbent James Crittenden and Paula Gentry. He said he had not yet determined the "extent" of the error, but it appears "They're going to end up having to have this (commissioner) election over again."

Byrd said the loser of Tuesday's race could file a legal challenge to it, probably necessitating another election.

The correct ballots were in the building in question, "but somebody wasn't paying attention" and handed out the wrong ones, Byrd said.

Crittenden contacted the Tyler Morning Telegraph about the error less than 45 minutes before the polls were scheduled to close tonight. Byrd said Crittenden also contacted him.

The district attorney said he confirmed the mistake and that there were "actual witnesses" who brought the glitch to Crittenden's attention.

Byrd also said County Clerk Brandy Lee was not to blame for the problem since the polling place had the correct ballots.