Petition Complntforcandit

8/20/2019 Petition Complntforcandit

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: 5 C I 1 ; 1 5 ~ c v 0 0 6 1 1 T T G Document : 2 Filed: 11/23/2015 Pag 2 of 4

'

REQUEST FOR AN IMMEDIATE HEARING

4

..

· · . Vem 0 Gavin request

an

immediate hearing

by

Court to (a)

at t h ~ j u r i s d i c t i o n to adjudicate flis matter,

and

(b) grant

the

motion to d re

r

3id·2Q15

general election district

4

void.

5.

. Vem 0

Gavin also requests that a trial on the merits be

as

5Qon

as practicable

VIOLATIONS OF ELECTION LAW

6.

The

facts supporting this Petition

are

set forth:

7.

·

· The poll workers

for the Springridge precinct did not re1umh

b llot

boxe o November 3, 2015 per Zack Wallace).

:

. The ballot accounting form (i.e., receiv ing and returning manag rs report)

ot

returned

for

the Springridge

precinct per Connie Cochral .

9:. . The ballot boxes (2) for the Springridge precinct were brought t

unty

Courthouse on

November 18, 2015 at 10:34

a.m.

by Hinds

County

Dep

Sheriff

Nath ni I Ross. These ballot boxes were

not

sealed in

accordance

with election laws.

10 .Also, on November 18 2015 at 10:34 a.m., Hinds County DrP Sheriff

. .

ni

I

Ross brought to the Hinds County

Courthouse two

ballot

boxes for

the C5

P

ecinct

xes .were

not

sealed

in

accordance with the election laws.

According

to Zack

Wallace,

the

Hinds

County

Circuit Clerk's

has no

e se if (i.e., serial) numbers for

ballot

boxes as required

by the

election laws.

1 ~ .

According to Connie Cochran, the

Hinds County

Election

Commi

sion



Ca : 25CI1:15-cv-00611-TTG Document#: 2 Filed: 11/23/2015 Pag 1 of 4

VER

v

MIK

.

IN

THE

CIRCUIT

COURT OF THE FIRST

JUDICIAL

DISTRICT

OF HINDS COUNTY MISSISSIPPI

G ~ I N · _

FILE

:

OV 23

2 \5

QRQAN . BARBARA DUNN. ORCUIT

Q.ERK

-

j).t

CIVIL ACTION NO.

5

I e

RESPON

ENT

BL

PETITION FOR MOTION

SEEKING

TO

DECLARE

NOVEMBER 3R

0

2015 GENERAL ELECTION DISTRICT 4 VOID.

NOVV;Vem 0 Gavin, a candidate for Hinds County Supervisor District

4

. j .

pu a

tto

llf SSissippi Code § 23-15-951,

petitioning

this Court for motion seeking to

i

·decla NoveJnber 3rd 2015 general election distrid 4 void. In support d this Petition w

ld

show u to the Court the following:

PARTIES

1

·

Vem 0 Gavin is

an

adult

resident d Clnton.

Mississippi

and

a duly

can<Jidate for the

Democratic

nominee for Hinds

County

Supervisor District 4

i

. . .

2 _ Mike Morgan is an adult resident of Clinton, Mississippi and a duly q lified

cand d te for:t;he Republican nominee

for

th Hinds Olriy Supervisor

District

4.

. .

JURISDICTION

3;

1

··This Court has jurisdiction

of

this matter pursuant to Mississippi

Co §

23-15-

951.1v

m 0 pavin

filed

a Complaint

d Election

Contest

(henmarter the

B a l l ~ ox Jollbook Examination ) with the Circuit Court of Hinds County pursuant

t



r

I

I

I

: 25GI1:15-cv-00611-TIG Document#: 2 Filed: 11/23/2015

t have bOard minutes setting forth its official actions of the commission

witl1

res ct to

• rnnnnn he November 3 2015 geueral election

reUts

or the serial numbers of seals amoved

lot

o x e ~

during

the

canvassing of

the

election returns and the serial numbers new

·seals pi ced

On

ballot boxes following the canvassing of the retums.

13.

· · · There

was

no ofticial record of the work of the Resokltion Board. •

14. · There YJere 18 photocopies of absentee ballots for Clinton 2 in title

Resolution·Board".

15

No seals for two Clinton

3

ballot bo)ll85. Spec:ifically a piece

of 1)18S

·ng

tape

was 1 ed aeross the top of each ballot box with the inscription, • Did not have enou

ASK

FOR

RELIEF

16. Vem 0 Gavin request that this Court order a new General

_for Distrid 4.

·

17. Vem

0

Gavin ask for any such

other

relief

the

Court deems

nece s ry or appropriate under the facts proved at trial.

. .

18.

_

Vem

0

Gavin respectfully requests

the

following relief based

on

th

f cts

and.

law pleaded herein

all

to be particularly proved at the trial of this ~ t t r:

that

the

Hinds

County

election

be void

from

the

November 3n1 201 general

electi n because of those failures to

not

keeping an accurate inventory of ballot boxes, not

_keepi

precinct election

records

se n and

separate

not

keeping

ballot

boxes secur .

RJ$PECTFULLY SUBMITIED this

JJ

1

aay

of November,

2015

i

.

I



Ca : 25C:I1:15-cv-00611-TTG Document : 2 Filed: 11/23/2015

Pag

4 of 4

VERIFICATION

OFt fiNDS

Gavin do

hereby swear

or affirm that the facts

alleged in the forgoing

:Petif n

For t i > n Seeking

to

Declare

November 3

2015 general election

void

and

fads

su

2015.

d n the atta hed Complaint

Of

Election ontest

are

true

and

correct to the t

· e ~ belief.

i

~ . R ~ ~ . . .

N X ~

C\RCU\T

(LER

BARBAAACOUONU ,N,FIRST OlS TRJ

HINDS

·

1

p. 0 ·

sox

::s

39205

JACKSON; I VI



IN THE CIRCUIT COURT OF

HINDS COUNTY

MISSISSIPPI

l LE

OV

23

2 fVIL ACTION NO . . _ , : . _ _ _ _ : ~ - f . L - - - -

SEALs

AND

E L E ~ ~ f f i Y J f L E R K

HINDS COUNTY Mit D t

PETITION OF

CONTEST

EXPEDITIED HEARING

REQUESTED

OMES

NOW

Plaintiff Jon Lewis ( Lewis

or

HPlaintiff'),

pursuant

to

Mi s.

C de

nn.

~ 2 3 - 1 5 - 9 5 1 ,

and files this Petition to contest the General Election

el

in

. inds )County, Mississippi, on November

3 2015,

for

the

office of Cons

he tli ·District. Lewis respectfully requests that this Court receive this

' .

x p e d i ~ o u s l y

set a hearing, and declare the

true

results of

the

election, n

c c ~ r a n c e with the procedures outlined in

§23-15-951.

In further sup o of

is Petition, Lewis shows as follows:

Parties

1.

Lewis is

an

adult resident

of

Raymond, Mississippi, whose ad

re

s is

769

Suzanna

Dr.

Raymond, MS

39154.

Lewis

was

the Republican no ine for

he

istrid 4

Constable General Election held

on

November 3

2015.

T e

H

nds

ouno/ Election Commission erroneously certified Lewis'

opponent

as t e

inner

ofthe

election by a vote

of 6,606

for Leon Seals,

6,395

for Jon L

15 f¥

Earl Young.

• .

Defendant Leon Seals ( Seals ) is an adul t resident of Clinton M

ay served

at

his residence address

of 304

Monterey

Dr.

Clinton, M

J

1

and



S e a l ~

was the Democrat nominee and Plaintiffs opponent in the Nove

20

15; General Election for District 4 Constable.

3.

The Hinds County Election Commission (the HCEC ) is

an

e

.

I

.

· r e a t ~ d bystatute, see Miss Code Ann. §23-15-211, and can be served

p r o c ~ s t h r ~ u g h its Chairman, Connie Cochran, whose address is

407

E

Pascagm,da

St

Jackson, Mississippi.

urisdiction and Venue

4.

This Court has jurisdiction to hear this Petition, pursuant to

C o d e ~ ~ n . § 9 7 8 1

and §23-15-951 provides, in relevant part,

that

i .

. · a person desiring to contest the election of another person re

· elected to any office within any county, may, within twenty (20) a s

. after the election,

file

a petition in the office of the clerk

of the

i

cui

co1,1rt of the county, setting forth

the

grounds upon which the el ti n is

·contested; and the clerk shall thereupon issue a summons to

the

pa ty

· whose election

is

contested, returnable to

the

next term of the c u ,

· which summons shall be served as in other cases; and the court ha l,

at

the

first

term, cause an issue to be made up and tried by a jury, d e

·

verdict of the jury shall find the person having the greatest num er f

.legal votes at the election.

If

he jury shall find against the perso

· returned elected, the clerk shall issue a certificate thereof; and t e erson

in

whose

favor

the

jury shall find shall be commissioned by

the

.andshall qualify and enter upon the duties of his office

Plaintiff timely files this Petition under Miss. Code

Ann.

§23-15-951. V

proper

inthis

Court, under Miss. Code Ann. §11-11-3 and §23-15-951, s

·significant and material irregularities detailed herein substantially occ

this County, and the defendants reside

or

can be found in Hinds County

Mississippi.

2



I

I

:

\

Procedural

ackground

The

HCEC

certified the results of the November 3 2015,

Gen

ral

lectiqn·forthe office

of

District

4

Constable on

or

about November 13,

I

he

Hb c certified Plaintiffs opponent, Defendant Seals, as the winner

I

I

lecti4n by a vote of 6,606 for Seals, 6,395 for Lewis, and 215 for EarlY un .

The certified results do not correctly reflect the votes legally as

ch

candidate in the election. Nor does it contain all

of

the votes from eg

oters ofDistrict

4.

It also contains votes from registered voters of oth r

istriets;

·As

detailed herein, there are a number

of

irregularities surro

e baHots that were counted.

· The Plaintiff, along with his duly designated representatives,

onducted an examination

of

the balloting materials, as provided by

Mi

s.

I

n.

§23-15-911, on November 18,2015.

On

or about February 28, 2011, the Hinds County board of

uper\risors approved a redistricting plan for District 4 under Miss. Cod

g

23-15-281 that split precinct Raymond 1 with District 2

and

4, split Sp in ridge

recinct with District 3 and

4

added precinct 9 to District

4

and remo e

recirtcts

91,

Clinton 1 and Learned for District

4.

Based on the conduct of the election on election day and the

efor¢ and after the polls closed,

and

based further on information obs

rv

d

.

urinf the statutory provided examination

of

the balloting materials by PI in iff

nd h srepresentative,

the true

will of the legally eligible voters of

Dis

·ct 4 is

3



.

.

0

at ~ e c t e d District 4 voters are not reflected by the vote totals certifi d y the

·

CEd: Accordingly, Plaintiff timely files this Petition.

l .

. I •

f

1

Irregularities in the November General Election

I•

'

The ballots for the District 4 constable race are to be decided by e

wil

of

the

voters only from the

th

District of Hinds County. These ballots s

con in votes from qualified electors that are registered to vote and live wi

' I

111

I

i

I

Approximately 140 voters from District 3

of

the Springridge

e e

i v ~

n a ballot that contained the District 4 Constable race.

1

2. · . · Approximately 25 voters residing in the Clinton 3 precinct o

re given a ballot that contained the District 2 Constable race.

·There were approximately 155 misplaced voters in regards t

v t r

of

precinct 94

that

voted on November 3 2015. Some of the vat

rs

r s de in

r e c i n c t

94 voted at another precinct that used a ballot containin

i .

Qis rictj constable race and some of the voters

that

resided in a District 3

vat

d in. precinct 94 and wrongfully voted using the District 4 constable ba lot

The Hinds County Board of Supervisors has the authority to lte

drs rict

and

precinct boundaries as provided by Miss. Code Ann. §23-15-28

s

ute does not allow for any new boundary to take effect until all provisi

.

sta

te

islinet. The voter rolls for the November

3

2015 General Election d

erly eflect with the change in boundaries therefore, the borders of th

4



t e district made by the Board of Supervisors on

or

about February 28, 11 re

n

t valid ~ n t i l all statutory provisions of

Miss.

Code

Ann.

§23-15-283 have

I

· I The HCEC failed to fulfill its ministerial statutory duties und

I

C

e

Annj"

2 3 1 5 ~ 2 8 3 to 23-15-169 to reassign hundreds of voters under

I

·

·+

ty BO : rd of Supervisors redistricting plan to their proper district Ma y v ters

frr

other districts remain on the poll books for District 4 and many voter fro

I • •

~ r Districts are wrongfully included on the poll books of District 4.

All together there are approximately 320 irregularities in thi

tion,

f r

exceeding

the

vote spread of 211.

As

a result of these irregula tie and

a r t u n : i s f ~ o m the mandatory provisions of Mississippi election law, the ll fthe

p o ·er lawful voters in the November

3,

2015, General Election for Consta

D s rict

4 Hinds

County cannot be ascertained, and the results certified by

a e not accurate to the

true

will of District 4 voters.

I

I

elief equested

EREFPRE, for the material departures from the mandatory provisions

E e tion Code and

other

irregularities set forth above, Plaintiff Lewis respe t

r q

est th t

this Court receive and

set

this Petition for expedited hearing,

h a ing this action, award the following relief in the form of a judgment ag in

.

1

Declaring

th t

Lewis is entitled

to

the relief sought herein;

5

pon



I

2 . . . Ruling that

the

certified results of the November 3, 2015 Gen ral

· · Election for the office

of

Constable District 4 are in

error

and fu er

ruling that the properly registered voters of precincts 94, Sp ·ng idge,

and Clinton 3 be allowed to express their will as to

who shou

d b

·· elected Constable of District 4.

3.

.

In the alternative, granting such other relief as provided by

I

w;

4.. ·

For

the

cost

of

suit and other relief

as

the Court deems

just a

·. proper;

And

5. · For reasonable attorneys' fees.

'·This,

the 23rd day

of November 2015.

JON LEWIS

PLAINTIFF

6



I

'

1

STATE OF MISSISSIPPI

COUNTY OF

HINDS

PERSONALLY CAME BEFORE ME the undersigned authority n a d

for

the jurisdiction aforesaid, the Plaintiff

JON LEWIS

who, after

ei

g by

me first duly sworn, on his oath stated that each and every alleg tio in

the above Petition of Contest is to the best of his knowledge, tru a

correct.

SWORN AND

SUBSCRIBED

BEFORE ME

this the 3rd day of

ov

mber

2015.

Notary Public

7

BARBARA DUNN, CIRCUIT CL

RIC

HINDS

COUNTY, fiRST

DISTRI

P o

Box 327

JACKSON

MS

39205



Ca,e: 2 5 C i l : l ~ c v 0 0 6 1 0 W L K Document#: 2 Filed: 11123/20 5 Jill 1f

~

· . · · I

D

j

IN THE CIRCUIT

COURT

OF THE

FIRST JUDICIAL

DIST IG Asl V2a

2 15

I

T •

UNN,

ORcurrcu

I 1 ·

OF

HINDS

COUNTY

MISSISSIPPI : •

· I

.

J O A ~ N A W ~ T H E R S B Y -

ARCHIE

.I

I

1

v

CIVIl ACTION NO.

. I M ~ Y · ~ O f l I : O N

PETITION FOR

MOTION

SEEKING TO

DECLA

E

NOVEMBER

3Ro

2015

GENERAl

ElECTION

DISTRI

I . .

· O ~ E S NO tJ Joanna Weathersby- Archie, a candidate for Hinds CountY

I. : .

D i s t r ~ c t

4, putuanttoMississippi

Code§

23-15-951, petitioning this Court;

decjre No ber

3 '

2015

general election district 4 void. In support

of Jh1

sho unto Court the

follow1ng:

I . .

I

PARTIES

l

4VOID

i

1

i

motion

P e t i t i o ~

rt Judge

I

.

· 1 ·

Joanna Weathersby- Archie is

an

adult resident of Byram, · ississipdi and a duly

qual

1ed

cantlldate for the Democratic nominee for Hinds County Justice C

j

•

I 2.

Jimmy Morton

is

an adult resident

of

Raymond, Mississippi and a

d ~ ¥ 1

qualified

· c a n ~ i d a t e for the Republican nominee for the Hinds County Justice Court

I

[

JURISDICTION

I

3:

· This Court has jurisdiction of this matter pursuant to Missi sippi Cod § 23-15-

j

951, Joann Weathersby Archie filed a Complaint of Election Contest (h

r e i n f t e ~

e

I

Ballotbox ollbook Examination ) with the Circuit Court of Hinds County





I

Ca,e:_25CI

:15-cv-00610-WLK Document#: 2

Filed: 11123/20

5

Pag 3 of

20

i

Missirippi

·

§

23-15-951.

REQUEST FOR AN IMMEDIATE HEARIN

VIOLATIONS OF ELECTION LAW

6. · · The facts supporting this Petition are set forth:

'

~ · .

The poll workers for the Springridge precinct did not

· boxes on No einber 3 2015 (per Zack Wallace).

. •

llot

The ballot accounting form (i.e., receiving and return ng manag rs report)

was

lnot

retu

..

ed for

the

Springridge

precinct

(per

Connie

Cochran .

1 ·

The ballot boxes (2} for the Springridge precinct wer

I •

.

Hin s

o u n ~ C o u r t h o u s e on November 18, 2015 at 10:34 a.m. by Hinds

N a t ~ a n i e l R ~ s s

These ballot boxes were not sealed

in

accordance with el ction laws

:

i

.

I

.Also, on November 18, 2015 at 10:34 a.m., Hinds

I

N a t ~ a n i e l R ss brought to the Hinds County Courthouse two ballot boxes

T h e ~ e boxe were not sealed in accordance with the election laws.

11. · According to Zack Wallace, the Hinds County Circuit Clerk's ,

.

log

ptthe

s l·(i.e., serial) numbers for ballot boxes as required by the ele

2. According to Connie Cochran, the Hinds County Ele

the



l

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I

cat scl

·15-cv-00610-WLK Document : 2 Filed: 11/23/2015

4of2



• ~ z s c L ~ c v o o s l o w L K

Document : 2

Filed: 11/23/20 5

·

o e s j ~ h ~ ~

minutes

setting

forth

its

official actions of the commissi

cemrftns the · mber 3, 2015 general election results

or

the serial num

from l l o t . . during the canvassing of the election returns and

the

se ·

· e l ~

p i ~ · . . . bdot boxes following

the

canvassing of the returns

13

There was no

official record

of

the work

of

the Resolution Board.

· . · There were

18

photocopies of absentee ballots for Clinto

'

markr •Rj· itiQn

Board".

·16 No seals for two Clinton 3 ballot boxes. Specifically, a p·

I .

was

ffixed

the top

of

each ballot box with the inscription, •

Did

not h ve n o ~

. '

· ·

ASK FOR

RELIEF

1

16

Joanna Weathersby

-Archie

request that this Court

ord

E onfor ·

riCt4.

new

I

17j . · Joanna Weathersby- Archie ask for any such other reli

f the

Cdu deems

necfs ry or

1

ppropriate under the facts proved at trial.

Joanna

Weathersby-

Archie respectfully requests the l1owingir lief based

I

on

t t t

acts . d law pleaded herein, all to

be

particularly proved at the trial

I

·a

that the Hinds County election be void from

the

Novem r

3m

2q1 general

ele1on e ~ 8 of

those failures to not keeping an accurate inventory

of

b

kee1ing

pr

net election records secure and separate, not keeping

ballot oces

seeu

e

.

R SPECTFULLY SUBMITTED thisJ31ay of November, 2015

. Joanna

~ r s b y

- ~ i e _____

By:S£,. . .__



[

. . •

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: 2

Filed:

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Shrtel mMISJSSIPPI

I '

O U ~ r Y

OF

HINDS

. . . . ·j.

I

·

VERIFICATION

I,

J o ~ n n a W e ~ t h e r s b y Archie do hereby swear or affirm that the facts alleaed

I '

••

Petititn For-Motion Seeking to Declare November

3rd

2015 general · ·

iueg d

in

thoii.i\tached Complaint

Of

Election

Contest

are

true and

correct

1 •

r .

.

e g e

a.id belief

i : •

I 1- ·

s u s b c R I B ~ and SWORN to or AFFIRMED before me, the undersigned

' .

· uris¢1iction

by

the above named Joanna Weathersby

-Archie on

this

. .

201$.

. i

·I

'·

j',

. '

•

Cwmfv ,sS I b \ ccX.p I .-.e_

s.

I

p

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<[email protected]>

Dat1CN4rwaober

23 2015 at 2:53:33 PM CST

J ) 8 ; ~ . · A T 4 : : r u e <[email protected]>

Margarette Meeks P ~ L

11/23/2015

I

I .



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Petition Complntforcandit