Lester Harmon has filed a challenge in Carroll County Superior Court, claiming that Temple’s Nov. 3 mayoral election should be deemed invalid due to votes allegedly cast by unqualified voters.

The challenge filed last Wednesday lists Mayor Rick Ford, Elections Supervisor Patti Brown-Traylor and the Carroll County Board of Elections as defendants. Harmon, a former Temple mayor, lost his seat to Ford in 2005 and was defeated again on Nov. 3 by three votes. A recount held Tuesday confirmed the 3-vote margin in Ford’s favor.

“I look at this as just a continuation of the election process,” Ford said. “While I hate to see it drag on for the citizens of Temple, I do understand that my opponent has a right to challenge and we’ll just see where it takes us.”

Harmon claims in court documents that the election should be invalidated because “there was misconduct, fraud, or irregularity by an election official, which was sufficient to change or place in doubt the result of the election when election officials allowed illegal votes to be cast in such numbers as to change or place doubt the result of the election.”

Court documents also state that the Office of Carroll County Board of Elections and Registration is in possession of information regarding electors that registered, moved or filed a change of address between Aug. 8 and Oct. 4, 2009. Harmon claims to have requested this information, but alleges the board has denied inspection of the material.

Harmon further claims that on Nov. 3 illegal votes were received at the polls by at least six or more unqualified electors and then counted in the final tally. If true, regardless of who those people voted for, Harmon said it casts doubt on the outcome of the election.

“I feel more than confident that we have more than enough people (to overturn the election),” Harmon said.

Brown-Traylor said there is an ongoing investigation into Harmon’s claims to determine if anyone unqualified to vote in Temple’s mayoral election actually did so, but said no one in her office or working at the polls on election day did anything wrong.

“We have not had any improprieties on the part of any of our election day poll workers, nor this office,” she said.

Referring to those he named in the challenge that he claims voted illegally, Harmon said he’s not out to convict anybody. Rather, he said he’s just trying to ensure that only the citizens of Temple choose the next mayor.

“I think the citizens of Villa Rica should elect their public officials, I think the citizens of Carrollton should elect their officials and therefore I think the citizens of Temple should elect their officials,” he said. “All I am trying to do is make sure that only the people of Temple, the citizens of our town, are the ones to elect their officials. If that happens, I am prepared to go back to my business and try to mind my own business.”

Though confident Carroll County Superior Court will find in his favor, Harmon would not rule out an appeal if that is not the case.

“I know that we have voters there who don’t live inside the city,” he said. “If they decide to have another election and only the people inside the city of Temple vote, and I lose, then that will be it, but I am trying to protect the people of this town’s rights and it is their Constitutional right that they be the ones who choose their elected officials. They pay their taxes to the city government, therefore I think their voices are the only ones we need to hear.”

Brown-Traylor said it would be up to the ruling of the court to decide whether a new election will be held. In the meantime, Ford said he plans to continue to operate in his capacity as mayor.

“Unless I’m told otherwise, I plan to proceed forward as if the election stands,” he said. “I would be negligent in my duties if I stood back and waited. We’ve got to keep moving forward with the business of the city.”

Due to the fact that Temple contracts with the Carroll County Board of Elections to conduct its municipal elections, the city is responsible for funding all expenses related to doing so, including any challenges that may arise. The city was billed $5,500 for hearings held last month by the Board of Elections for separate challenges to Ford’s and Harmon’s qualifications to run for mayor. Likewise, the city will have to pay all court costs and legal fees incurred by the Board of Elections in this most recent challenge, as well as a new election if that is required by the court.

Harmon said he isn’t concerned with any backlash from voters due to the costs being incurred by the city due to the overwhelming support he said he’s received from voters.

“The people in that town who have come up to me have had overwhelming support for me to be sure to do everything in my power, everything that the law allows me to do, in order to preserve their rights to elect their officials,” he said.

No date for a hearing on the matter has yet been set.