You are on page 1of 31

: 25CI1;15~cv-00611-TTG

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 ith~jurisdiction to adjudicate flis matter, and (b) grant the motion to d

re

r 3id2Q15 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 re1um h! b llot

boxe o November 3, 2015 (per Zack Wallace).

8: .

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

ot returned for the Springridge precinct (per Connie Cochral).


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

9:. .

unty Courthouse on November 18, 2015 at 10:34 a.m. by Hinds County Dep
Nath ni I Ross. These ballot boxes were

not sealed in accordance with election laws.

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

10

Sheriff

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
e

has no

secif (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

. IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT


OF HINDS COUNTY MISSISSIPPI

GA~IN

VER

v.

FILED

._

:.

NOV 23 20\5

QRQAN .

MIK

CIVIL ACTION NO.

BARBARA
ORCUIT
Q.ERK
_DUNN.
__
__
_j).t

/5- I.e I I
RESPON ENT

BL-

PETITION FOR MOTION SEEKING TO DECLARE


NOVEMBER 3R0 2015 GENERAL ELECTION DISTRICT 4 VOID.

NOVV;Vem 0 Gavin, a candidate for Hinds County Supervisor District 4,


. j

pu

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 the Hinds COlriy Supervisor District 4.
'

JURISDICTION
3;

951.1v

"Ball~

This Court has jurisdiction of this matter pursuant to Mississippi Co

m 0 pavin filed a Complaint d Election Contest (henmarter the


ox I Jollbook Examination") with the Circuit Court of Hinds County pursuant t

23-15-

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

1he November 3, 2015 geueral election reUts or the serial numbers of seals

amoved

rnnnnn'

lot boxe~ during the canvassing of the election returns and the serial numbers

new

seals pi ced On ballot boxes following the canvassing of the retums.


There was no ofticial record of the work of the Resokltion Board.

13.

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

14.

"Resolution Board".
No seals for two Clinton 3 ballot bo)ll85. Spec:ifically, a piece of 1)18S ng tape

15,
was

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

ASK FOR RELIEF


Vem 0 Gavin request that this Court order a new General

16.

_for Distrid 4.
Vem 0 Gavin ask for any such other relief the Court deems

17.

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

~att

r:

a~ 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 sean and separate, not keeping ballot boxes secur .

Jaay of November, 2015

RJ$PECTFULLY SUBMITIED this JJ1


i

!.

II

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 ~ti<>n Seeking to Declare November 3111 2015 general election void and
d n the attaChed Complaint Of Election Contest are true and correct to the ~t
'

e a~ belief.
i

su
2015.

~.R~~,...
N:X~
j

C\RCU\T (LER
BARBAAACOUONU!!,N,FIRST OlS'TRJ1
HINDS

0
p. sox
39205
JACKSON; I'VI

::s'

fads

IN THE CIRCUIT COURT OF


HINDS COUNTY, MISSISSIPPI

Fl LED
NOV 23 20fVIL ACTION NO. ,.._,:.____:~-f.L--+-N SEALs AND ELE~~ffiYJfCLERK
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. ~23-15-951, and files this Petition to contest the General Election el in
. inds )County, Mississippi, on November 3, 2015, for the office of Cons
he 4tli District. Lewis respectfully requests that this Court receive this
'

xpedi~ously set a hearing, and declare the true results of the election, n

cc~r4ance 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 Distrid 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 adult resident of Clinton M


ay ~e served at his residence address of 304 Monterey Dr. Clinton, M
J

and

Seal~ was

the Democrat nominee and Plaintiffs opponent in the Nove

20 15; General Election for District 4 Constable.


3.

'
. .,'

I.

The Hinds County Election Commission (the "HCEC") is an e


.

creat~d by statute, see Miss Code Ann. 23-15-211, and can be served
proc~s:thr~ugh its Chairman, Connie Cochran, whose address is 407 E

Pascagm,da St Jackson, Mississippi.


Jurisdiction and Venue

4.

- This Court has jurisdiction to hear this Petition, pursuant to

Code~~n.9-7-81 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 ci 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 the 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.

I
Procedural Background
The HCEC certified the results of the November 3, 2015, Gen ral
lectiqnforthe 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
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 94 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

l I

l\

II
I!

Ii :
\

I \

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 tiff


nd h srepresentative, the true will of the legally eligible voters of Dis ct 4 is

I
I

at r~ected. District 4 voters are not reflected by the vote totals certifi d y the

'
'.

l.

I ..

. CEd: Accordingly, Plaintiff timely files this Petition.

iI
i

Irregularities in the November 3 General Election

f ..

1
'
I

0.

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

wil of the voters only from the 4th District of Hinds County. These ballots s

I
I

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

111.

I e e giv~. n a ballot that contained the District 4 Constable race.

1.

2.

I
I

I
I
I

I
I

Approximately 140 voters from District 3 of the Springridge

i.

. 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 roll~ of precinct 94 that voted on November 3, 2015. Some of the vat rs

r, s de in
i

~recinct 94 voted at another precinct that used a ballot containin


!

Qis rictj!constable race and some of the voters that resided in a District 3

II''
I
j

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

l:

The Hinds County Board of Supervisors has the authority to lte

I.

drs rict and precinct boundaries as provided by Miss. Code Ann. 23-15-28
s6 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

t e district made by the Board of Supervisors on or about February 28,

11 are

n t valid ~ntil all statutory provisions of Miss. Code Ann. 23-15-283 have
I

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

. I:

e Annj" 23-15~283 to 23-15-169 to reassign hundreds of voters under

+
I

''

nty BO.: ard 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

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

All together there are approximately 320 irregularities in thi


tion, far exceeding the vote spread of 211. As a result of these irregula 'tie and
artun:is.f~om 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

Relief Requested

EREFPRE, for the material departures from the mandatory provisions


E e tion Code and other irregularities set forth above, Plaintiff Lewis respe tf
r q est that this Court receive and set this Petition for expedited hearing,

pon

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

1.

Declaring that Lewis is entitled to the relief sought herein;

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. .
4..
I

In the alternative, granting such other relief as provided by I w;


For the cost of suit and other relief as the Court deems just a
. proper;

I
Ii

And

I.

5.

For reasonable attorneys' fees.

'This, the 23rd day of November 2015.

JON LEWIS, PLAINTIFF

I.
I

I
I
I

I
!
I

i
I

!I

6
i

\I

I
1

I
. !

STATE OF MISSISSIPPI

COUNTY OF HINDS

\
1

PERSONALLY CAME BEFORE ME, the undersigned authority n a d


J

I.

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

J.

)1

il

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

I.
I'

SWORN AND SUBSCRIBED BEFORE ME, this the 23rd day of ov mber
2015.

Notary Public

BARBARA DUNN, CIRCUIT CL RIC


HINDS COUNTY, fiRST DISTRI

II

P.o. Box 327


JACKSON, MS 39205

I
I
I

II
li

\I

Ca,e:

25Cil:l~-cv-00610-WLK

Document#: 2

Filed: 11123/20 5

T UNN, ORcurrcu

1..
. . .i

OF HINDS COUNTY MISSISSIPPI

JOA~NA W~THERSBY- ARCHIE


.I

'

CIVIl ACTION NO.

v.

. JIM~Y~Ofl"I:ON

PETITION FOR MOTION SEEKING TO DECLA E


l

NOVEMBER 3Ro 2015 GENERAl ElECTION DISTRI

I .

4VOID
i

CO~ES NO"tJ. Joanna Weathersby- Archie, a candidate for Hinds CountY


I.

:.

rt Judge
1
i

Distr~ct 4, putuanttoMississippi Code 23-15-951, petitioning this Court;

motion

decjre No+ber 3"' 2015 general election district 4 void. In support of Jh1 Petitio~
unto th~ Court the follow1ng:

sho
I

..

PARTIES
I

'

.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

.. Jimmy Morton is an adult resident of Raymond, Mississippi and a d~1 qualified

2.

can~idate for the Republican nominee for the Hinds County Justice Court
I

[.

JURISDICTION

3:

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

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


I

"Ballotbox I ollbook Examination") with the Circuit Court of Hinds County

'

IG1Asl V2a 2015

.j "IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DIST

Jill f. 2~

reinafte~

I
I
!

..

Cas~: 25Cil:15-cv-0061o-WLK
I

Document #: 2

Filed: 11123/2015

2 of 20

Ca,e:_25CI :15-cv-00610-WLK

Document#: 2

Filed: 11123/20 5

Pag 3 of 20

Missirippi C e 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

llot

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


!

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

was lnot retu .. ed for the Spring ridge precinct (per Connie Cochran).
1

The ballot boxes (2} for the Springridge precinct wer

. Hin,s

Coun~-Courthouse on November 18, 2015 at 10:34 a.m. by Hinds

Nat~aniel R~ss. These ballot boxes were not sealed in accordance with el ction laws
:

1~ .

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

I.

Nat~aniel R ss brought to the Hinds County Courthouse two ballot boxes


I

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

11.
'

log ptthe s

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


2.

II

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

According to Connie Cochran, the Hinds County Ele

the

l
I
I

cat: 2scl :15-cv-00610-WLK

Document#: 2

Filed: 11/23/2015

4of20

c~: zscL~cv-ooslo-wLK

Document #: 2

Filed: 11/23/20 5

doesj~ h~~d minutes setting forth its official actions of the commissi
cemrftns the: mber 3, 2015 general election results or the serial num
from. ~llot .

new

. during the canvassing of the election returns and the se

seal~ pia~... bdot boxes following the canvassing of the returns .


.!

There was no official record of the work of the Resolution Board.

13.

.. There were 18 photocopies of absentee ballots for Clinto


'

markr Rj.kitiQn
!

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

was 'ffixed

Board".

'

~ the top of each ballot box with the inscription, Did not h

ve eno~

ASK FOR RELIEF


1

Joanna Weathersby -Archie request that this Court ord

16

E4onfor

riCt4.

I
!

Joanna Weathersby- Archie ask for any such other reli f the Cdu deems

17j .

necfsary or

ppropriate under the facts proved at trial.


Joanna Weathersby- Archie respectfully requests the

l1owingir lief based

on ttt facts . 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 be~$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

~~rsby -~ie .._____..__

By:S,...__

[.
! .

. ..

Casf.: 25Cl~:l5-cv-00610-WLK
I

I
!

Document#: 2

Filed: 11/23/2015

6 of 20

. C,e: 25Cil.:15-cv-00610-WLK

Document #: 2

Filed:

VERIFICATION

Shrtel mMISJSSIPPI
I

'

COU~rY OF !HINDS
. ,. .

. j.
I

I, Jo~nna We~thersby- 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

. ~edge a.id belief

1-

susbcRIB~ and SWORN to or AFFIRMED before me, the undersigned


'

juris1iction by the above named Joanna Weathersby -Archie on this


! .

201$.

. i
I

'

j',

'

. Cwmfv',sS I bY\ ccX.p I ,.-.e_ s.

7 of 20

Cas~:

25CJ15-cv-00610-WLK

Document #: 2

Filed: 11/23/2015

8 Of'20

Document#: 2

Filed: 11/23/20 5

<margarettemeekspllc@gmail.com>
Dat1CN4rwaober 23,2015 at 2:53:33 PM CST
J()8;~.AT4::rue <colbyarchie@yahoo.com>

PC(g 9 of 20

Margarette Meeks, P~LC

11/23/2015
I

,I

, I

Document#: 2

Filed: 11/23/2015

Page 0 of 20

Page2 of6

Print
Document#: 2

Filed: 11/23/20

https://us-mg6.maiJ.yahoo.com/neo/launch?.rand=5i609p2h5lt13

of 20

11/2312015

cas~: 25CI1':15-cv-00610-WLK
i
!

Document#: 2

Filed: 11123/2015

Page

of20

Page3 of6
1

Filed: 11/23/20 5

Pa~e 13 of 20

I
1

;
I
:

I
'

'
'

' l'

https://us-dtg6.mail~yahoo.com/neo/launch?.rand=5i609p2h5ltl3

11123/2015

Cas$: 25Cit:15-cv-00610-WLK
I

i
'

Document#: 2

Filed: 11/23/2015

Page 14 o(20

T--t--------

Print

j
Document#: 2

Filed: 11123/20 5

Page4of6

Pa$e 15 of 20

jE_

https://us-mg6.mail.yahoo.com/neo/launch?.rand=5i609p2h5ltl3

; ll/23/20 15

. C j 25Cit5-CV-00610-WLK

Document#: 2

Filed: 11/23/2015

Page 16 of2o

Print

PageS of6
Document #: 2

Filed: 11/23/20 5

https://us-~g6.mail.yahoo.com/neo/launch?.rand=5i609p2h51tl3

of20

11/23/2015

Cas~: 25CI115-cv-00610-WLK
I

Document#: 2

Filed: 11123/2015

Page

of20

Print

I
I

-00610-WLK

Document#: 2

Filed: 1

63937 Jpg (29.83KB)


(20.85K.B)
53057.jpg (24.83KB)
lJpg (26.63KB)
114.jpg (18.35KB)
. . 108Jpg (16.20KB)
33105.jpg (18.61KB)
~30S5Jpg (23.92KB)
. Jpg (22.29KB)
(18.35KB)
l.jpg (18.82KB)
158SS(O).jpg (20.08KB)
l5855~jpg (20.14KB)
158SI.jpg (22.07KB)
15846~jpg (18.84KB)
15841Jpg (19.95KB)

https://us-mg6.mail.yahoo.cornlneo/launch?.rand=5i609p2h5ltl3

1112312015

Cas~: 25Cil.15:'CV-00610-WLK
i

i
!
!

Document#: 2

Filed: 11123/2015

Page 20 o(20

You might also like