BAY MINETTE, Ala. — Baldwin County Probate Judge Adrian Johns has ordered a new primary for the contested District 5 School Board race in which voters in three precincts were issued incorrect ballots.

Johns’ decision follows a state Attorney General’s Office opinion issued Monday which directs Johns to follow a state Republican Party plan to allow voters in the Elberta, Foley and Magnolia Springs precincts to recast ballots in the July 15 state runoff election.

In the June 3 primary, Angie Swiger defeated incumbent Margaret Long by a 65-vote margin. But voters in the three split precincts were not provided with correct ballots, Johns said.

The Attorney General’s opinion also specified that the county will assume election costs for the election.

Long contacted Johns June 4 to question zero balloting at the three precincts. Reviews were conducted by county and state Republican Party executive committees resulting in a decision to conduct a new election. That decision was upheld in the Attorney General’s opinion.

Johns said poll workers did not unseal and distribute the ballot style in the contested precincts. Johns cited “human error” and confusion caused by seven split precincts in the school board race.

“There is no perfect election,” Johns said. “That is why we have procedures for contest. Split precincts are always difficult, especially for poll workers who give so much to make the election possible.

“It is important that the will of the people to select their candidate be preserved.”

Johns said he will meet with precinct inspectors and provide additional training as needed. Color coding will be implemented for those split districts with more than one ballot style, and a notice will be posted in each precinct to alert voters that they are voting in a split precinct.

He also said he would advise candidates of their right to appoint poll watchers.

“It is hoped that these actions will greatly reduce the possibility of error,” Johns said. “All human error, however, can never be totally eliminated.

“I also have advised the Republican Party and candidates that no pre-clearance from the Department of Justice has been given concerning the directions for this election.”