Ruhl v. Walton
| Docket Number: | 2005-EC-02347-SCT Linked Case(s): 2005-EC-02347-SCT2005-EC-02347-SCT |
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| Oral Argument: | 12-11-2006 | |
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| Supreme Court: | Opinion Link Opinion Date: 03-22-2007 Opinion Author: Randolph, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Election contest - Absentee ballots - Section 23-15-635 - Special election - Section 23-15-951 Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Cobb, P.J. Dissenting Author : Diaz and Graves, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 01-04-2006 Appealed from: Panola County Circuit Court Judge: Sharion R. Aycock Disposition: The trial court granted the Appellant's motion for a directed verdict after Walton rested without presenting evidence, testimonial or otherwise. Rather than certifying Ruhl as the duly elected alderman, the court ordered the office vacated and called for a special election to be held in accordance with the provisions of Miss. Code Ann. Section 23-15-857 (Rev. 2001). Complying with the court order, the board of aldermen ordered a special election to be held. Case Number: CV2005-75-BP1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Forster Ruhl |
Richard D. Bowen |
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| Appellee: | John Walton | Ellis Turnage |
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| Topic: | Election contest - Absentee ballots - Section 23-15-635 - Special election - Section 23-15-951 |
| Summary of the Facts: | The Town of Como Board of Election Commissioners determined that in the general election for the office of alderman-at-large of the Town of Como, John Walton, the incumbent and Democratic nominee, received 253 votes, and independent candidate Forster Ruhl received 244 votes. Ruhl filed an election contest petition. After voiding thirty-eight illegal mail-in absentee ballots, the special judge determined that the legal vote count favored Ruhl, 239–220. The judge granted Ruhl’s motion for a directed verdict. Rather than certifying Ruhl as the duly elected alderman, the court ordered the office vacated and called for a special election. Ruhl appeals. |
| Summary of Opinion Analysis: | Section 23-15-635(1) plainly and unambiguously requires a elector’s certificate, certificate of attesting witness, and voter assistance certificate on all mail-in absentee ballots. Section 23-15-635 is mandatory because the potential for illicit voting activity exponentially increases when the light of truth does not illuminate the voting booth. Therefore, all mail-in absentee ballots cast in violation of section 23-15-635 were illegal and properly rejected by the court. Since individual voter intent was not the issue, the illegality of the mail-in absentee ballots dictated only one possible outcome. The tabulation of legal votes favored Ruhl, 239-220. Therefore, the special judge appropriately granted Ruhl’s motion for directed verdict. Since Ruhl received the greatest number of legal votes at the election, the court was required under section 23-15-951 to enter an order vacating the office and instructing the circuit court clerk to issue a certificate thereof, and Ruhl should have been commissioned by the Governor, qualified, and entered upon the duties of his office. The failure of the special judge to order such action is error requiring reversal and a remand to the circuit court for entry of an appropriate judgment. |
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