01/29/04 — Rhodes's stay request denied

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Rhodes's stay request denied

By Barbara Arntsen
Published in News on January 29, 2004 2:01 PM

RALEIGH - A judge ruled today that Goldsboro City Councilman J.B. Rhodes will not be able to keep his seat on the City Council while he appeals the results of his election.

This means that Jimmy Bryan can be sworn in Monday to the District 1 seat on the council.

The hearing on Rhodes' request to stay Bryan's swearing in was held today in Wake County Superior Court.

Rhodes can still continue with the appeal process, but Bryan can be sworn in.

Originally the ballots showed Rhodes as the winner of the November election, but the county Elections Board soon realized that some ballots had been double-counted. A recount showed Bryan won by one vote.

Rhodes appealed that decision to the State Elections Board, but on Dec. 19 the board upheld the recount for Bryan.

Danny Roseborough, a District 6 candidate, also appealed the decision after he lost by four votes in the recount. The state board agreed to hold a new election in District 6 for Roseborough and Jackie Warrick.