FARMVILLE – Town Council is moving forward with the scheduled May 1 municipal election, even if it means using the current, pre-2010 Census ward boundaries.

That intention, affirmed during a special called council meeting on Thursday afternoon, is based on advice out of the Attorney General's office.

The Town is still waiting on its appeal of Census results in Farmville that found Longwood University students, who live in various wards, all lumped together, regardless of their address.

Town officials appeared to have no alternative but to delay the election to give the Census additional time for revised numbers upon which the Town would base redistricted wards, sending the new plan to the U.S. Department of Justice for review and, ultimately, final approval.

But last week's advice from an assistant attorney general specializing in election issues provided an opening for the election to be held.

The terms of Ward D councilman Donald L. Hunter, Ward E councilman Otto S. Overton and at-large member David E. Whitus will expire. Council members said they are not expecting longtime member Overton to run for reelection, however, which would mean the only incumbent potentially affected is Hunter. Ward lines do not figure into at-large positions because all town voters participate in that election, so Whitus' position is unaffected.

Overton confirmed to The Herald on Friday that he will “step down at the end of my term,” following 12 years on Town Council.

The deadline for candidates to file to run in the election is 7 p.m. on March 6.

Town Manager Gerald Spates told council members that the attorney general's office “agreed we're kind of in a Catch-22. The constitution requires you to redistrict. It also requires you to hold elections.

Spates said the assistant attorney general said, “If it was his decision he would hold the election.”

And that is what Town Council agreed to do, accepting the possibility that a legal monkey wrench could delay the election anyway at the last moment.

“So I would suggest to council that we go ahead with the election like we planned,” Spates said, “and do it under the old (current) districts. There's really no action needed by council to do that because that's how it's set up right now.”

No vote, therefore, was taken.

Town Attorney, Donald C. Blessing, offered his blessing on proceeding with the election.

“I've reviewed the statute…Whatever course we pursue today is the course for today. If we have to change course it's not like we can't,” Blessing told council members. “And the only one sitting at the table right now directly affected by it would be councilman Hunter, who I don't think has any objections to going ahead and having an election…”

“None whatsoever,” Hunter replied.

“And the thing is,” Spates noted, “if something comes up that we can't do it, you'll find out then.”

Hunter stressed that, “We're all for doing the right thing…

“(But) if we do it one way we may get sued, if we do it another way we may get sued,” Hunter said philosophically, “so we'll just leave it like it is.”

An action founded on two streams of legal counsel.

Blessing pointed out that, “if we do this we're at least erring in favor of attempting to have an election on something we know we've had an election before. We're not trying to hold an election on unknown ground. And I agree with what you're saying, it's better to try.”

The Town isn't caught between a rock and a hard place but it does find itself in the middle of two competing requirements.

“It's hard to know what the right thing to do is when you're caught between two constitutional mandates,” Blessing offered, “but I think there would probably be a strong perception that to facilitate an election of some sort is better than trying to drag your feet or put it off.”

So they didn't drag their feet and they didn't put it off.

“I guess it's the consensus of the council to leave everything as it is,” Mayor Sydnor C. Newman, Jr. said.

“Have the election,” said Ward B's Sally Thompson, with the impartiality of someone not directly affected by the result.