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Petition challenging Smith County alcohol election results filed

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TYLER (TYLER MORNING TELEGRAPH) - A petition to contest the results of four local alcohol propositions approved by Tyler and Justice of the Peace Precinct 2 voters was filed with the district clerk today.

Lawyers representing residents Delores Radford and Richard Lanham mailed the petition Friday afternoon. It alleges the city clerk and county election office did not comply with the requirements of Texas election laws during the certification process of more than of more than 20,000 registered voter signatures in the two jurisdictions.
The petition claims that because the local option petitions did not comply with the law, the results should be voided.

Four proposals, two to legalize the sale of beer and wine within the city limits and Justice of the Peace Precinct 2, which includes unincorporated areas surrounding southern Tyler, Flint, Noonday and Bullard, and two to expand mixed beverage sales in those jurisdictions, were approved on Nov. 6.

Complete but unofficial results show Proposition 2 in Tyler, which would legalize beer and wine sales for off-premise consumption within city limits, passed 21,225 votes to 10,670 votes, or 66.55 percent to 33.45 percent. In JP Precinct 2, the legal sale passed 16,695 votes to 8,850 votes, or 65.36 percent to 34.64 percent.

Proposition 1 in Tyler, which expanded mixed beverage sales in areas recently annexed, passed 22,767 votes to 8,450 votes, or 72.93 percent to 27.07 percent. In JP Precinct 2 the same measure passed 17,138 votes to 6,772 votes, or 71.68 percent to 28.32 percent.

The petition in election contest comes before the Smith County Commissioners Court was set to canvass the vote for the Nov. 6 election on Thursday, making them official. The city council is expected to canvass votes Monday.

Ms. Radford and Lanham filed the request for a temporary injunction just prior to last week's election. It was declined by a visiting judge.
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