Barbour v. Gunn


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Docket Number: 2003-EC-02169-SCT
Linked Case(s): 2003-EC-02169-SCT

Supreme Court: Opinion Link
Opinion Date: 04-08-2004
Opinion Author: Graves, J.
Holding: Affirmed

Additional Case Information: Topic: Election contest - Trial court authority - Section 23-15-927 - Partial revote - Section 23-15-593 - Census map
Judge(s) Concurring: Waller, P.J., Easley and Carlson, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Cobb, P.J.
Dissent Joined By : Smith, C.J., and Dickinson, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - ELECTION CONTEST

Trial Court: Date of Trial Judgment: 09-29-2003
Appealed from: Hinds County Circuit Court
Judge: Forrest Johnson
Disposition: Ordered a new election be held in two precincts.
Case Number: 251-03-1013 CIV

  Party Name: Attorney Name:  
Appellant: Jep Barbour




DAVID C. DUNBAR



 

Appellee: Philip Gunn TREY CHRISTIAN DELLINGER  

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Topic: Election contest - Trial court authority - Section 23-15-927 - Partial revote - Section 23-15-593 - Census map

Summary of the Facts: Jep Barbour was originally certified as the winner of the Mississippi House of Representatives District 56 race in the Republican primary election. His opponent in the primary, Philip Gunn, filed an election contest with the State Republican Executive Committee. Prior to a scheduled hearing on the matter, Gunn filed for judicial review in the circuit court. The court ordered that a new election be held in two precincts. Barbour filed a notice of appeal and a motion for stay with the Supreme Court. The Court denied the stay but expedited the appeal. The special election was held, and the results placed Gunn ahead of Barbour. The Supreme Court affirmed the decision of the trial court with an opinion to follow.

Summary of Opinion Analysis: Issue 1: Trial court authority Barbour argues that Gunn had no statutory authority to file his petition in circuit court, partly because he did not give the State Republican Executive Committee a reasonable opportunity to act upon his petition. Section 23-15-927 provides that an election contestant shall have the right to file in the circuit court of the county wherein the irregularities are charged to have occurred, if 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. Because the SREC officials were concerned they would not have time before the general election to decide the issue, Gunn steered his complaint directly to circuit court. Under the facts of this case, this is a completely permissible procedure. Issue 2: Partial revote Section 23-15-593 allows an executive committee, an election commission, or a court upon review to order a partial revote when it is found that there have been failures in material particulars to comply with the requirements regarding the results of the election and regulation of campaign material within 150 feet of polls to such an extent that it is impossible to arrive at the will of the voters at such precinct. In this case, an entire sub-precinct was not allowed to vote. Therefore, the trial court appropriately ordered a revote in the excluded areas in complete accordance with procedures mandated by the Legislature. Issue 3: Census map While the census map attached to the Joint Resolution controlling redistricting shows that C4 is a split precinct with a portion edging into House District 56, language in Joint Resolution 1 states that C4 is a whole precinct that exists in District 72. The ambiguity was correctly resolved by the trial court. The language of the Joint Resolution demanded that the Census maps be used to determine precinct lines.


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