Justia Election Law Opinion Summaries

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

Scotty Meredith ran for mayor of Clarksdale, Mississippi. The mayor at the time, Chuck Espy, challenged whether Meredith was qualified to run for mayor on the basis that Meredith was not a Clarksdale resident. The Clarksdale Municipal Democratic Executive Committee found that Meredith was not a resident of Clarksdale and was not qualified to run for mayor. The trial court, similarly, found that Meredith was unqualified to run for mayor. Meredith appealed the judgment of the Circuit Court of Coahoma County. Under Mississippi Code Section 23-15-300, if a candidate fails to prove in their qualifying information that they meet the two-year residency requirement, the candidate had to prove by absolute proof that they meet or will meet the residency requirement on or before the applicable deadline. Finding no error, the Mississippi Supreme Court affirmed the circuit court was affirmed. View "Meredith v. Clarksdale Democratic Executive Committee, et al." on Justia Law

Consolidated election contests arose out of the December 9, 2019 city council elections in Wards 1 and 6 of Greenville, Mississippi. Contestant Oliver Johnson lost in Ward 1 to William Albert Brock, and Chauncy Wright lost in Ward 6 to James Wilson. Both Johnson and Wright subsequently filed petitions to contest the elections both claiming multiple voting irregularities. Brock and Wilson then filed motions for summary judgment. After taking into consideration all of the testimony, petitions, responses, and affidavits, the circuit court granted Brock’s and Wilson’s motions for summary judgment. Finding no reversible error in those judgments, the Mississippi Supreme Court affirmed. View "Johnson, et al. v. Brock, et al." on Justia Law