In re Election of Reeves
| Docket Number: | 2007-M-02193-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-31-2008 Opinion Author: Diaz, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Election contest - Certification of election results - Re-vote - Section 23-15-593 Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. Non Participating Judge(s): Graves, J. Concurs in Result Only: Easley, J. Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 12-11-2007 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Case Number: 251-07-1187 CIV |
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| Note: | For Election Commission: BEN J. PIAZZA | |
| Party Name: | Attorney Name: | |||
| Appellant: | RE: ELECTION FOR HOUSE OF
REPRESENTATIVES DISTRICT 71, JOHN
REEVES, PETITIONER |
WILLIAM E. SPELL |
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| Appellee: | Unknown | CARLTON W. REEVES, PRECIOUS T. MARTIN, LISA M. ROSS |
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| Topic: | Election contest - Certification of election results - Re-vote - Section 23-15-593 |
| Summary of the Facts: | John Reeves filed a “Petition for Emergency Extraordinary Writ or, in the alternative, Mandamus, or, in the alternative, for Interlocutory Appeal with Immediate Stay, and for Other Relief” asking the Court to vacate the writ of mandamus issued by the Circuit Court of Hinds County compelling the Hinds County Election Commission to certify the results of the House District 71election and the writ of prohibition cancelling the partial re-vote ordered by the Commission. |
| Summary of Opinion Analysis: | County election commissions are required by statute to certify election results within ten days of the election unless it determines that irregularities have occurred or if it orders a re-vote to be held at the precinct where the irregularities occurred. Because an election commission does not have to certify election results within ten days of the election if it finds that irregularities in the voting process have occurred that prevent the will of the voters from being determined, the certification of election results is a discretionary function, not a ministerial act. Accordingly, the trial court erred in issuing a writ of mandamus compelling the Commission to certify the results of the District 71 race. The Hinds County Election Commission determined that voters in three split precincts in District 71 were not allowed to vote because they were given the wrong ballots. The Commission concluded that because voters in these three split precincts were not allowed to vote in the District 71 race, there could be no interpretation of the will of the voters at these precincts. By so finding, the Commission did not exceed its authority under section 23-15-593 in ordering a re-vote to be held at these three precincts. The Commission also found that another split precinct in District 71 used incorrect poll books and did not open on time and that such irregularities precluded an interpretation of the will of the voters. The Commission’s determination that the will of the voters in this precinct could not be interpreted was proper. Because the Commission did not exceed its authority in ordering a re-vote to be held in the four split precincts, the trial court erred in issuing a writ of prohibition cancelling the re-vote. |
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