Commission upholds Tuesday election

The Marion County Election Commission voted to deny protests and uphold the election of Rodney Berry as the City of Marion’s mayor and Betsy Bryant Atkinson as Marion City District 3 Council Member.

“I’m relieved of the outcome and fully expected this outcome because the allegations were untrue and unfounded in everyway,” Berry said.

During a Saturday hearing inside the Beeson building, candidates in Tuesday’s Marion city elections Nancy Harrelson and Ronald Davis each argued that there was voter tampering through bribes. Harrelson and Davis said evidence regarding individuals paid for votes was turned over to state law enforcement agencies.

Harrelson was a mayoral candidate and Davis was the incumbent for the Marion City Council District 3 seat. Both were defeated in Tuesday’s election.

The election results were certified Friday morning when the eight-member commission met to review ballots. On Thursday night, the two lodged protests regarding the election.

After the Commission's decision, Commission Attorney Lucas Padgett said candidates filing protest could opt to take their case to the Court of Common Pleas.

Harrelson called four witnesses to testify during the hearing, including herself. Poll watchers Leon James, Betty Jones, and Larry Harrelson testified they could identify how voters were casting ballots. Harrelson argued that individuals should cast their vote in secret.

“Before the polls were even open the machines were changed around in a position where I could see people typing in the name of Rodney Berry,” James said, while at the Marion II precinct, adding that he knew exactly how votes were cast. Harrelson said the same could be said at other precincts.

“The minute a person walked in, you could tell how they vote,” Betty Jones said. During cross-examination, Berry asked Jones was she aware that voters could write any name in as a write-in candidate.

“It’s the same procedure, we kept up with the difference because of the beeps … when they voted for Rodney there were many beeps, you could tell,” poll watcher Larry Harrelson said.

Nancy Harrelson also testified that after receiving absentee ballots, the name of one voter Doris Jean Davis had passed away in February. Berry responded that the vote cast on 3-17-09 was before his candidacy started. Harrelson said absentee ballots in question based upon three names continually appearing as witnesses for voters was another issue, with a demographic she described as young black able bodied voters living in “targeted” market areas.

“I have not participated, engaged, or authorize any activity that doesn’t coincide with the state ethics,” Berry said, before calling Harrelson as a witness.

Berry asked the mayoral candidate if a campaign ad showing the name of an election commission member received authorization.

“I did not have permission, it was done by mistake,” she replied.

“It’s in the law enforcement’s hands right now and they have enough evidence,” Harrelson said. “This is about justice, I don’t care about the mayoral race, this is about crime,” she said after the meeting's conclusion.

Ronald Davis testified on his behalf and didn’t call any witnesses. “The right to vote is a privilege and I think it is being abused,” he said, adding there have been several allegations of vote buying and evidence was turned over to proper authorities.

“I’m really appalled by what had happen,” he said, adding that he ran a fair campaign.

“I have no knowledge of any wrongdoing, I ran a fair and honest campaign,” Atkinson responded, adding that she thinks the allegations are untrue.

Official election results show that Berry, a write-in candidate, defeated Harrelson 1,299 votes to 619; Atkinson won over Davis by 10 votes, 199 to 189. Incumbents Poiette McGill-Bromell and Michael Baker retained the district Seats 5 and 6, respectively, as they were unopposed.

“I’m ready to bring the folks together now and get to work. I extend the olive branch to anyone that opposed me because we need everybody in this city,” Berry said.

Marion Mayor Rodney Berry, far left, is shown with wife Melia during Saturday's protest hearing regarding the Tuesday City of Marion elections. At far right is challenger Nancy Harrelson. Third from the right is Ronald Davis.