An evidentiary or “Spears” hearing was held in Lufkin Federal Court last Friday in regards to the lawsuit against Timpson Mayor Debra Smith brought by Councilman George Grace claiming voter discrepancies.
Grace alleges there were seven votes cast in the May election that were not legal. He lost the election to Ms. Smith, 128-64.
U.S. Magistrate Zack Hawthorn advised Grace, who filed a handwritten suit and was representing himself in the matter, that he may have filed the suit in the wrong court since it did not deal with U.S. Constitutional matters. He gave the plaintiff 30-days to get an attorney, and either change his pleading to fit the court, or change the court to meet his pleading.
During the 20 to 30 minutes of sworn testimony, Grace reportedly made an attempt to change the angle on his original claim saying the voting clerks at city hall may have felt their jobs were in jeopardy at the hands of Mayor Smith if they didn’t allow the seven questioned voters to vote.
Grace was unavailable for comment.