2013 municipal election

On June 4, 2013, Hattiesburg held a municipal election to decide the next mayor and city council. Incumbent Johnny DuPree, a Democrat, was challenged by Dave Ware, an independent and member of the city council. As the polls closed and vote counting began the race remained tight, until finally all of the votes within the city's 14 precincts had been counted and Dave Ware held a 148 vote lead. As officials worked late into the night counting absentee ballots DuPree gained a 33 vote lead over Ware.

The following day officials began sifting through 115 affidavit votes. The night of June 5, after officials had left City Hall, the vault containing a sealed ballot box and affidavit ballots was left open. After reviewing security footage and the seals on the ballot box officials determined that the ballots had not been tampered with. On Thursday, June 6, once the final count had been completed, officials announced that Johnny DuPree had won the election by just 37 votes (4775 for DuPree and 4738 for Dave Ware).

On June 24, Ware filed a 20-page challenge. The petition stated that 330 of the 581 absentee ballots were invalid due to not being properly signed or notarized, that 19 paper ballots were invalid due to not being properly signed, and that 12 of the 47 ballots were not properly initialed. The petition requested these votes to be thrown out and for Ware to be declared the winner of the election.

On June 27, a specially appointed judge, William Coleman, set July 23 as the date for a trial by jury to hear Ware's challenge.

On July 1, Johnny DuPree was sworn in as mayor for the fifth time.

Trial
On July 23 the trial began. The jury was made up of one black male, four black females, two white males, and five white females, with two white male alternates. The first few days of the trial were full of witness testimonies describing technical details of absentee and affidavit ballots, including technicalities disqualifying many of the ballots. On Friday, July 26, a witness testified that Chief Deputy Charles Bolton had promised to release him from jail in exchange for voting for DuPree. Another witness testified that he was out of town during the election, despite a signature in one of the poll receipt books indicating that someone had voted in his name. The following Monday as the trial resumed a third witness testified that she heard Chief Deputy Bolton tell someone "that son of a bitch is going to pay," referring to the witness who earlier testified that Bolton had made promises in exchange for a vote. Bolton then took the stand and denied that he had promised anything.

The following day, the attorneys for each side made their closing arguments. Ware summarized his argument that a number of absentee and affidavit ballots were illegal due to technicalities such as improperly signed and initialed envelopes. DuPree's team argued that no election is perfect and that Ware was trying to disenfranchise voters. After some deliberation the jury returned its verdict, saying that eight jurors were in favor of Dave Ware and four were in favor of Johnny DuPree. This was not a strong enough consensus, so the jury was ordered to return to deliberate and return a stronger verdict. When the jury emerged again nine were in favor of Ware and three were in favor of DuPree. However, after the judge polled the jury in open court, only eight were in favor of Ware. After polling the jury a second time and another 8-4 decision the judge asked each jury to sign a sheet of paper indicating their vote. The result was the same. With the jury unable to reach a decision the judge declared a mistrial, letting DuPree remain the mayor of Hattiesburg.