Justia Election Law Opinion Summaries

David Archie contested the results of the Hinds County Supervisor primary runoff election held on August 8, 2023, alleging election irregularities. He filed a petition for judicial review on September 8, 2023, one day past the statutory deadline. The key issue on appeal was whether the Hinds County Circuit Clerk’s office was open or closed on September 7, 2023, as the deadline would be extended if the office was closed.The Hinds County Circuit Court dismissed Archie’s petition, finding it was filed outside the allowable time period. The court based its decision on the fact that the courthouse was open on September 7, 2023, but did not make specific findings about whether the clerk’s office was open or closed.The Supreme Court of Mississippi reviewed the case and found that the evidence was insufficient to determine whether the clerk’s office was open or closed on September 7, 2023. The court noted that while the courthouse was open, the clerk’s office doors were locked, and there was conflicting evidence about whether the office was accessible for conducting business. The court vacated the circuit court’s judgment and remanded the case for a more thorough evidentiary hearing to determine the status of the clerk’s office on the critical date.The main holding by the Supreme Court of Mississippi was that the circuit court’s judgment was vacated and the case was remanded for further proceedings to establish whether the clerk’s office was open or closed on September 7, 2023, which would affect the timeliness of Archie’s petition. View "Archie v. Smith" on Justia Law

The case revolves around a contested municipal general election for the Ward 4 Alderman seat in Coldwater, Mississippi. Levon Hayes was declared the winner, but his opponent, Alice Thomas, filed an election contest, suspecting irregularities in the vote count. Hayes was served with the contest and a Rule 4 summons but did not respond or appear in court. Almost a year later, Thomas applied for a default judgment, which the Tate County Circuit Court granted, declaring Thomas the winner and ordering her immediate swearing in.The case was initially heard in the Tate County Circuit Court, where Thomas applied for a default judgment due to Hayes' failure to respond to the election contest. The court granted the default judgment, declared Thomas the winner, and ordered her immediate swearing in.The case was then brought to the Supreme Court of Mississippi. The court was tasked with determining whether a default judgment was permissible in this general election contest under Mississippi Code Section 23-15-951 and the Mississippi Rules of Civil Procedure. The court found that a default judgment was not permissible and that Thomas's failure to diligently prosecute her contest required its dismissal with prejudice. The court reversed the default judgment and remanded the case to the circuit court to dismiss Thomas's contest with prejudice and to reinstate Hayes as the elected candidate. The court also noted that the Rule 4 summons served to Hayes was improper and that Thomas's delays in prosecuting her contest violated the public's interest in having elections promptly decided. View "In Re: Contest of the Municipal General Election for the Ward 4 Alderman Seat" on Justia Law

Petitioner Bob Hickingbottom filed a Qualifying Statement of Intent, declaring his candidacy to be the Democratic Party’s nominee for governor. On February 10, 2023, Jim Newman sent a letter to the Democratic Party Executive Committee (DEC) to challenge Hickingbottom’s qualifications as a candidate. Specifically, Newman’s letter claimed that when running on the Constitution Party ticket in the 2019 gubernatorial election, Hickingbottom failed to file a statement of organization in violation of Mississippi Code Section 23-15-803 (Rev. 2018) and a statement of economic interest in violation of Mississippi Code Section 25-4-25 (Rev. 2018). On February 13, 2023, Tyree Irving, the chairman of the DEC, emailed Hickingbottom to notify him of Newman’s letter and to inform him that a hearing via Zoom would be conducted on February 14, 2023, to address Newman’s challenges. Then on February 14, 2023, the hearing was rescheduled to February 16, 2023, “to consider the challenges to the qualifications of several of the candidates running.” Hickingbottom was present and was given an opportunity to be heard by the DEC and to rebut Newman’s challenges to his qualifications. On February 17, 2023, Andre Wagner, the executive director of the DEC, emailed Hickingbottom to notify him that the DEC had voted and decided not to certify Hickingbottom because “[s]adly, [he] did not meet the statutory requirements[.]” Counsel for Hickingbottom sent a letter to the DEC seeking reconsideration of its decision, or in the alternative, a hearing on the disqualification. Hickingbottom ultimately filed suit in court seeking to overturn the disqualification. The court ultimately ruled in Hickingbottom's favor, ordering he be placed on the ballot. The DEC appealed. The issue before the Mississippi Supreme Court in this case was whether Hickingbottom's petition for judicial review was time barred. The Court found that because the petition for review was filed pursuant to Mississippi Code Section 23-15-961 (Rev. 2018)—which provided the exclusive procedure for such an appeal—Hickingbottom’s petition for judicial review was untimely filed and, therefore, his petition for judicial review was time barred. View "Mississippi State Democratic Party v. Hickingbottom" on Justia Law

Ja’nekia Barton sought to disqualify Jennifer Adams-Williams as a candidate for county prosecutor in Bolivar County, Mississippi, for failing to meet the two-year residency requirement set forth by Mississippi Code Section 23-15-300 (Supp. 2022). The Bolivar County Circuit Court denied Barton’s petition, finding that Adams-Williams was clearly a resident of Bolivar County and had been for the required two-year residency period. Finding that the trial court applied the proper legal standard in its analysis and did not manifestly err in its factual findings, the Mississippi Supreme Court affirmed the judgment of the trial court. View "Barton v. Adams-Williams" on Justia Law

In January 2023, Joel Garner received a letter from the Perry County, Mississippi Election Commission, co-signed by the lone member of the Perry County Republican Executive Committee. The letter notified him that he did not meet the two-year residency requirement to run in the upcoming Republican primary for Perry County Supervisor, District 2. Garner petitioned for judicial review with the Perry County Circuit Court. The Mississippi Supreme Court appointed a special trial judge, who tried the qualification question de novo. After two days of evidentiary hearings, the circuit judge made thorough findings of fact and conclusions of law. The judge ordered that Garner’s name be placed on the primary election ballot. Garner’s opponent, District 2 Supervisor Kevin Shows, and the Perry County Republican Executive Committee (collectively, the Executive Committee) appealed that decision. Because substantial evidence supported the trial judge’s conclusion that Garner changed his residency in January 2021—more than two years before the District 2 Supervisor election—the Supreme Court affirmed the judgment directing that Garner’s name be placed on the ballot for the Republican primary to be held August 8, 2023. View "Shows, et al. v. Garner" on Justia Law

Kia Jones filed a letter of intent with the Mississippi Democratic Party to seek that party’s nomination for a seat in the Mississippi House of Representatives for District 64 on February 1, 2023. Shanda Yates filed a residency challenge to determine whether Jones qualified to seek office. Because Jones did not reside in the district for two years, the Mississippi Supreme Court affirmed the trial court’s decision disqualifying her. View "Jones v. Yates" on Justia Law

Amanda Gunasekara sought to run in the Republican primary election for Public Service Commissioner, District 3 (Northern District). Matthew Barton, a candidate for district attorney in Desoto County, challenged her qualifications to run for commissioner and, specifically, whether she had been a citizen of Mississippi for five years prior to the election date. The trial court found that Gunasekara had not met the citizenship requirement and disqualified her as a candidate. The Mississippi Supreme Court found that the trial court did not manifestly err by holding that Gunasekara failed to meet the residency requirements for the office of Public Service Commission. Therefore, it affirmed the circuit court's decision. View "Gunasekara v. Barton, et al." on Justia Law

Nicholas Holliday appealed a circuit court decision, arguing the court lacked subject matter jurisdiction to resolve an election contest brought by Robert Devaull concerning the 2020 Democratic Primary Runoff Election for Alderman, Ward I, in Aberdeen, Mississippi. Holliday relied on Devaull’s failure to comply with the statutory requirements of Mississippi Code Section 23-15-927. Additionally, Holliday argued that the trial court committed manifest error by determining that a special election was warranted. Because it found the trial court lacked subject matter jurisdiction to hear the case, the Mississippi Supreme Court concluded the trial court was without authority to order a new election. Judgment was reversed and entered in favor of Holliday. View "In Re: Democratic Ward 1 Run-Off Election for the City of Aberdeen, Mississippi" on Justia Law

Nicholas Holliday appealed a circuit court decision, arguing the circuit court lacked subject matter jurisdiction to resolve an election contest brought by Robert Devaull concerning the 2020 Democratic Primary Runoff Election for Alderman, Ward I, in Aberdeen. Holliday relied on Devaull’s failure to comply with the statutory requirements of Mississippi Code Section 23-15-927. Additionally, Holliday argued that the trial court committed manifest error by determining that a special election was warranted. The Mississippi Supreme Court determined the trial court erred when it held that Devaull could amend his petition beyond the ten day deadline. Devaull failed to comply with the statutory requirement of filing a sworn copy of the complaint made to the Committee before the ten day deadline. The requirement of filing a sworn copy of the complaint was jurisdictional; therefore, the trial court lacked subject matter jurisdiction and without authority to order a new election. Judgment was reversed and rendered in favor of Holliday. View "In Re: Democratic Ward 1 Run-Off Election for the City of Aberdeen, Mississippi" on Justia Law

The Municipal Election Commission of the town of Goodman, Mississippi (the Commissioners), rejected David Simmons’s Candidate Petition for the Municipal Office of Mayor of Goodman, Mississippi. After conducting an investigation into Simmons’s residency and voting history, the Commissioners rejected his petition due to his not having satisfied the residency requirement prior to the election date. Simmons appealed a circuit court's decision upholding the Commissioners’ decision to reject his petition, arguing the trial court’s decision was manifestly against the weight of the evidence because he had provided evidence of his physical presence in Goodman and of his intention to reside there permanently. Simmons also asserted he had provided evidence that rebutted the homestead exemption presumption. The Mississippi Supreme Court found the trial court did not commit manifest error by determining that Simmons had not proved that he had been domiciled in Goodman for the time prescribed by Mississippi Code Section 23-15-300(1), which was “two (2) years immediately preceding the day of election.” Miss. Code Ann. § 23-15-300(1) (Supp. 2021). View "Simmons v. Town of Goodman" on Justia Law