Friday, February 23, 2024, 1:26 pm News Flash Archive

Yesterday, Special Judge Jess Dickinson's decision and order was filed in the election contest launched by Wayne Self against incumbent Eric Mitchell in the August 8, 2023 Democratic primary for Leflore County Supervisor District 4.

The court overturned the election, and ordered a new election to be called by the Governor.

This election contest is the second in four years between the two candidates. Self, a long-time supervisor for District 4, lost the 2019 election to newcomer Eric Mitchell. Self's contest in 2019 was unsuccessful.

But this time, Self ultimately prevailed against Mitchell, and a new election will be required.

Last week, Judge Dickinson ordered a new election between incumbent Chancery Clerk Johnny Gary and his challenger Debra Hibbler, overturning a 15 vote margin victory by Gary on the grounds of serious absentee ballot fraud, and a host of other irregularities, including the counting of numerous clearly illegal absentee ballots. Judge Dickinson's decision in that case may be seen here: Decision overturning primary election between Johnny Gary and Debra Hibbler

Both election contests were tried at the same trial, since the facts alleged were the same, and the attorneys representing the plaintiffs were the same.

While the vote difference in the Hibbler-Gary contest was only 15 votes, the certified vote totals in the District 4 Supervisor primary were 618 for Mitchell, and 554 for Self.

But in overturning the Mitchell-Self primary election, Dickinson found rampant violations of election laws:

No election is perfect, and absent fraud or intentional wrongdoing, minor, non-statutory, and technical irregularities are typically insufficient to invalidate an election. But when an election's procedural, absentee and electronic processes are so replete with violations of the Mississippi Election Code ("Election Code") so "as to destroy the integrity of the election and make the will of the qualified electors impossible to ascertain," such violations suffice to justify and require a new election, not only to ensure the election of the proper public official but also to maintain faith and confidence in the election process.

Unfortunately, such was the case in the 2023 Democratic primary election for Leflore County District 4 Supervisor. As described below, numerous Election Code violations took place both in the absentee voting process and at the polls on election day. These violations, together with the intentional deprivation of the public's right to witness the election process, indeed serve to undermine confidence in the election process entirely and cast substantial doubt that the election achieved the will of the qualified voters. Accordingly, this court must order a special election for Leflore County District 4 Supervisor.

The court then outlined a host of violations in the accepted and counted absentee ballots:

1. Eight of the mailed in absentee ballot envelopes had no postmark

2. Thirteen of the absentee applications were unwitnessed

3. Three voter signatures on application and ballot envelope didn't match

4. Four of the absentee ballots received before election day were not counted until over a week later

5. One of the absentee ballots was received postmarked after the election but was opened and counted

6. The public was illegally and intentionally excluded by the circuit clerk from observing the counting of the absentee ballots

7. There is no record of any seals on the absentee ballot boxes in the circuit clerk's office

The court therefore ordered the exclusion of all the absentee ballots:

Accordingly, in this case - as in prior election contests - "[t]he stain of illegality [has] bled from" the invalid absentee ballots onto the legal ones "tainting the entire lot;" and this taint - when viewed in the context of all of the other absentee voting violations including the intentional violation in the Clerk's office - persuades the court by clear and convincing evidence that all absentee ballots cast in this primary must be thrown out . . . .

Ironically, the exact same exclusion of all the absentee ballots was ordered in the Self v. Mitchell contest four years earlier.

The court then turned to a host of violations regarding ballot security in all four of the contested precincts:

1. No seal logs maintained for the cutting and replacing of metal ballot box seals

2. Receipt book signature counts failed to match the actual number of votes cast

3. The Receiving & Returning Manager Receipt Form was missing in three precincts

4. The wrong ballot scanner was set up in one precinct for the first one and a half hours of the election

5. Voters were told how to vote in the precinct

6. Voters were given assistance in marking their ballots who did not qualify to receive it under the election code

7. One precinct's zero total tape printout could never be located

8. There was no affidavit signature book in one precinct, though affidavit ballots were cast

9. In several precincts, the election officials did not subscribe to the required oath

10. Many affidavit ballots were not witnessed by the required election official

11. The required affidavit attestation by the voter was missing from most affidavit ballots

The court's conclusions were disturbing:

The Court finds the exhibits and witnesses offered by Self are wholly sufficient to substantiate by clear and convincing evidence the claims and allegations made in his Petition for Judicial Review. The Court finds, after throwing out all absentee ballots and considering the Election Code violations that took place at the precincts, it is impossible to discern the winner of the election and the will of the people, and it must order a new election.

The court emphasizes that the Election Code violations in the four precincts comprising District 4 were too numerous and substantial to be classified as technical or minor. They were serious violations that must be addressed for the special election in order for the people of Leflore County to have confidence that the election produced a winner that was the choice of the voters.

Thus, the court overturned the election:

ORDERED that after excluding all illegal affidavit votes, and upon considering the intentionally wrongful conduct and the numerous Election Code violations that took place in the Clerk's office and in the precincts, the court is unable to determine the will of the qualified voters in the Democratic primary race for District 4 Supervisor; It is further

ORDERED that the election of Eric Mitchell is hereby vacated, and that Wayne A. Self and Eric Mitchell shall participate in a special election for Leflore County Supervisor of District 4 in its four precincts, at a time set by the Governor of the State of Mississippi.

Judge Dickinson's decision and order may be seen here: Decision overturning Supervisor District 4 Democratic primary and ordering a new election

The Leflore County Election Commission members, who sat as a tribunal with the judge, unanimously agreed as to the Judge's factual findings. This will preclude any appeal by either Gary or Mitchell regarding the factual conclusions of the court, leaving only a possible appeal regarding the court's legal findings and conclusions.

John Pittman Hey
The Taxpayers Channel

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