The Mississippi Supreme Court has upheld a lower court’s ruling that mandates a special election in two precincts for the Republican primary runoff for Pearl River County tax collector/assessor, citing uncertainty in the election outcome due to illegal votes.

The high court affirmed the Circuit Court of Pearl River County’s December 2023 decision to vacate the certification of Jo Lynn Houston, who was initially declared the winner by a two-vote margin over opponent Sandy Kane Smith.

According to the ruling, two individuals cast illegal ballots after voting in the Democratic primary and then participating in the Republican runoff, violating Mississippi election law. Additionally, both parties acknowledged that one vote in the Carriere 5 precinct—cast for Smith—had not been counted in the certified results.

As a result, the trial court ordered a special election in the Picayune Southside 1 and Picayune 2 precincts, where the illegal votes were cast. The Mississippi Supreme Court concluded that the two-vote margin, combined with two illegal votes, created sufficient doubt about the will of the electorate.

The Court also dismissed Smith’s cross-appeal, which raised several challenges to the handling of other ballots, ruling that those claims involved factual findings made unanimously by the county election commission and were not subject to review.

The vote totals moving forward will be adjusted as follows: Houston will have 2,691 votes and Smith will have 2,692 votes, pending the outcome of the special election in the two precincts.