Powell v. Municipal Election Comm’n Town of Isola

Democratic candidate Bobbie Miller successfully challenged independent incumbent Dimp Powell for the office of mayor of Isola. Prior to the election, the Municipal Election Commission of Isola approved the placement of Miller’s name on the ballot despite the fact that a Democratic Municipal Executive Committee was not in existence by the time of the qualifying deadline for candidates. Powell challenged the Election Commission’s decision in circuit court via a writ of mandamus, requesting the court to order the Commission not to place Miller’s name on the ballot or, in the alternative, to order that any votes cast for Miller not be counted. After an emergency evidentiary hearing, held the week prior to the election, the court denied relief. Powell appealed. The Mississippi Supreme Court held that the circuit court did not have jurisdiction to hear Powell’s challenge via a writ of mandamus. The appropriate procedural mechanism for challenging the decision of a municipal authority was through a bill of exceptions under Mississippi Code Section 11-51-75. The Court affirmed the outcome of the circuit court’s holding. Because the Court affirmed on jurisdictional grounds, it did not reach the merits of whether Miller’s name should not have been permitted on the ballot when there was no Democratic Municipal Executive Committee in existence at the time of the qualifying deadline. View "Powell v. Municipal Election Comm'n Town of Isola" on Justia Law