Gourlay v. Williams
| Docket Number: | 2003-EC-02380-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-10-2004 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Election contest - Deadline for filing petition - Section 23-15-961 - Section 23-15-963 Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Dismissal Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 10-27-2003 Appealed from: Bolivar County Circuit Court Judge: Henry L. Lackey Disposition: Dismissed the Appellant's petition holding that contests of the Appellee as the party nominee should have been brought before the general election. Case Number: 2003-0085 |
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| Note: | nature of case: election contest | |
| Party Name: | Attorney Name: | |||
| Appellant: | William P. Gourlay |
GLEN H. WILLIAMS |
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| Appellee: | Eddie Andrew Williams, III | LINDA F. COLEMAN JAMES K. WARRINGTON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Election contest - Deadline for filing petition - Section 23-15-961 - Section 23-15-963 |
| Summary of the Facts: | Eddie Williams, III, defeated incumbent William Gourlay in the 2003 Democratic Party primary election for the office of Bolivar County Supervisor (District 1). Gourlay filed a petition contesting the qualifications of Williams. The petition was denied by the Bolivar County Election Commission, and Gourlay appealed to circuit court. The court dismissed the petition because Gourlay did not satisfy the deadline set forth in section 23-15-961(1). Gourlay appeals. |
| Summary of Opinion Analysis: | Sections 23-15-961 and 23-15-963 address election contests challenging the qualifications of a candidate prior to the general election. The critical distinction between the application of the statutes is the fact that the former is the sole means for contesting the qualifications of a candidate seeking office as a party nominee. Because the contest in the instant case concerns the qualifications of Williams as a party nominee, it should have been filed pursuant to section 23-15-961. Therefore, the court was correct in holding that Gourlay’s petition was time barred since he failed to file his petition prior to the expiration of the ten-day deadline provided under § 23-15-961. |
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