Thursday, March 21, 2024, 3:26 pm News Flash Archive

Leflore County Chancery Clerk Johnny Gary filed suit today against Governor Tate Reeves and the Leflore County Election Commission to halt the chancery clerk special election, now scheduled to take place April 16.

On February 15, 2024, a special election was ordered by Special Circuit Court Judge Jess Dickinson, when he declared the chancery clerk's office vacant due to misconduct that took place during the August 2023 Democratic primary.

Incumbent Chancery Clerk Gary had prevailed over his challenger, Debra Hibbler, by 15 votes in the August 2023 primary.

But Hibbler filed an election contest against Gary, claiming that the election was riddled with absentee ballot fraud and a host of other violations of election law.

Judge Dickinson did find election fraud and rampant violation of the election code, ruled in favor of Hibbler, declared the chancery clerk's office vacant, and ordered the Governor to call a special election.

A few days later, Judge Dickinson also overturned the Democratic primary for the District Four supervisor position as well, for similar reasons.

To see our previous coverage of this matter, view here: Judge overturns Leflore County Supervisor election, new election ordered between Self and Mitchell

But in his new lawsuit and companion motion for Declaratory Relief, Writ of Mandamus, and Preliminary and Permanent Injunction, Gary claims that the Governor has no legal authority to call the special election for April 16, and that the election commission will be violating state election law if it conducts such an election.

According to Gary's complaint, state law mandates that all special elections for county offices must take place on the same day as the general election next November.

Under this theory, Gary would be allowed to continue to serve as Chancery Clerk for some ten additional months after the Court declared his office vacant, netting Gary over $100,000 in additional salary and fees.

Gary also claims that state law requires the election commission to provide 90-day notice of any special election, but the special election called by Governor Reeves for April 16, 2024 precludes compliance with that state law.

Gary asks the court to declare that the Governor's special election call be thrown out as beyond his authority, and that the election commission be prohibited by the court from conducting the special election next month.

Today's two filings by Gary may be seen here:

Gary Complaint against Governor Reeves, Leflore County Election Commission

Gary Motion for Declaratory Relief, Writ of Mandamus, and Preliminary and Permanent Injunction

Gary is being represented by Greenville attorney Willie Griffin, who also represented him in the election contest.

The deadline for appealing the ruling in the election contest itself has already passed.

John Pittman Hey
The Taxpayers Channel

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