Cook v. Brown
| Docket Number: | 2003-EC-02515-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-03-2005 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Election contest - Examination of ballot boxes - Section 23-15-911(1) - Right to file “forthwith” - Section 23-15-927 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Carlson, JJ. Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 11-03-2003 Appealed from: Quitman County Circuit Court Judge: Jacqueline Mask Disposition: The trial court entered judgment dismissing the petition and ruling that Brown was the Democratic nominee for District Two Justice Court Judge for Quitman County. Case Number: 2003-0106 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Archie Cook |
DARNELL FELTON |
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| Appellee: | Joe M. Brown | THOMAS ALAN WOMBLE |
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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 - Examination of ballot boxes - Section 23-15-911(1) - Right to file “forthwith” - Section 23-15-927 |
| Summary of the Facts: | Archie Cook and Joe Brown were the two Democratic candidates in the Democratic Party primary election for the office of District Two Justice Court Judge for Quitman County. The Quitman County Democratic Party Executive Committee certified Brown as the winner of the primary election by a margin of 47 votes. Cook filed a notice of application for examination, requesting an examination of the ballot boxes fourteen days after the primary election. The boxes were not examined because of verbal opinion from the Attorney General’s Office and the Secretary of State’s Office that pursuant to section 23-15-911, the 12 day statutory period to view the ballots had expired. Cook later filed a petition contesting the election with the Quitman County Democratic Executive Committee. The Committee affirmed its prior decision that Brown was the Democratic nominee. Cook filed a petition for judicial review with the circuit court. Brown filed a motion to dismiss which the court granted. Cook appeals. |
| Summary of Opinion Analysis: | Issue 1: Examination of ballot boxes The Legislature imposed a 12 day statutory limit to view ballots under section 23-15-911(1). This statute has been strictly construed by the Supreme Court. Here, the primary election and certification was on August 5, 2003. Cook contested the primary election results on August 15, 2003, and requested to view the ballots on August 19, 2003. According to a strict interpretation of the statute, Cook had to request and view the ballots on or before August 17, 2003. Issue 2: Right to file “forthwith” Section 23-15-927 provides that after any contest has been filed with the county executive committee or complaint with the State Executive Committee, and the executive committee having jurisdiction shall fail to promptly meet or having met shall fail or unreasonably delay to fully act upon the contest or complaint, or shall fail to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county wherein the irregularities are charged to have occurred. The circuit court in this case held that this matter was not filed “forthwith” as that term is defined by law. There has never been an exact number of days determined as a minimum to meet the "forthwith" requirement. Its meaning depends upon consideration of the surrounding facts and circumstances and varies with each particular case. Thus far, the maximum time between a committee decision and the filing of the petition for judicial review deemed to meet the "forthwith" requirement was forty-one days. Delays of less than forty-one days between a committee decision and the filing of the petition for judicial review have been held to not be "forthwith." Cook failed to request and view the ballots within the 12 day time frame. Also, his petition before the committee and the petition for judicial review do not demonstrate any substantially different basis for the petition or new investigation. There was no evidence of further action or obstacles to filing the petition for judicial review, the required attorney affidavits and surety bond in a more timely manner. Therefore, the court properly granted the motion to dismiss. |
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