Misdemeanor disturbing the peace charges have been put aside in the case against a Republican Party official stemming from his contesting of a candidate’s residency at a voting precinct during the Aug. 6 Democratic primary.
Bobby McDaniel said Friday his attorney Stewart Robison told him a motion had been filed to “nolle prosequi” the charges, which means prosecutors will not pursue the case.
McDaniel said he was “pleased with the result.”
McDaniel was charged after he challenged the residency of Pike County tax assessor candidate Renada Taylor-Cain as she attempted to cast her ballot in the Old Progress Fire Station voting precinct.
He claimed he had proof that Cain was living in Lincoln County, where she works in the tax assessor’s office, and not at the Pike County address listed on her qualifying papers.
McDaniel said the poll manager accepted his challenge and allowed Cain to cast a paper ballot marked “challenged.”
Cain reportedly asked for the charges against McDaniel to be dismissed.
The case, filed in Pike County Justice Court, was set to begin Tuesday in county court, where courtroom space was available, but Cain said she hadn’t received enough notice to call witnesses. Judge Tim Odom of Perry County, who was specially appointed to hear the case, had moved it to Monday.
Odom was appointed to hear the case after all three of Pike County’s justice court judges recused themselves.
McDaniel, who is chairman of the Pike County Republican Party, had initially asked Central District Justice Court Judge Melvin Hollins to recuse himself because of his close ties to the Democrat Executive Committee.
Justice court officials had not received an order from the judge to put aside the charges as of Friday afternoon, a county official said. Calls to County Prosecutor David Brewer weren’t immediately returned.
Cain could not be reached for comment at her office Friday.