Moore v. Parker

962 So. 2d 558, 2007 WL 2325359
CourtMississippi Supreme Court
DecidedAugust 16, 2007
Docket2006-EC-00899-SCT
StatusPublished
Cited by8 cases

This text of 962 So. 2d 558 (Moore v. Parker) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Parker, 962 So. 2d 558, 2007 WL 2325359 (Mich. 2007).

Opinion

962 So.2d 558 (2007)

John A. (Pap) MOORE
v.
Stacey W. PARKER.

No. 2006-EC-00899-SCT.

Supreme Court of Mississippi.

August 16, 2007.

*560 Samuel L. Begley, Gary Goodwin, Columbus, for appellant.

Ronald D. Michael, Booneville, Billy Bronson Tabler, for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. The motion to correct the record and the motion for rehearing filed by John A. (Pap) Moore are both granted. The previous opinion is withdrawn, and this opinion is substituted therefor.

*561 ¶ 2. This is an appeal from an order of a Special Election Contest Tribunal with regard to the May 2005 Democratic mayoral primary in Houston, Mississippi. Stacey Parker, a mayoral candidate, filed a petition for judicial review of the primary in the Circuit Court of Chickasaw County. The winner of the primary, John Moore, intervened as a party defendant and filed a Motion to Dismiss and/or for Summary Judgment. The case was tried, and the Special Tribunal ordered a special, run-off primary election. Moore appeals that decision to this Court.

FACTS AND PROCEDURAL HISTORY

¶ 3. On May 3, 2005, the Democratic primary was held for the City of Houston, Mississippi. Seeking the nomination for mayor were Laverne Collins, John Fred Lancaster, Appellant John A. (Pap) Moore and Appellee Stacey W. Parker. The official returns certified by the City of Houston Municipal Democratic Executive Committee (Executive Committee) reflected that the winner was Moore, receiving 921 votes, 50.03% of the votes cast, and that Parker obtained the second-highest number of votes, receiving 552 votes, 29.98% of the votes cast. Had Moore received one less vote, a run-off election automatically would have taken place between Moore and Parker.

¶ 4. Immediately after the executive committee certified the returns, Parker submitted to the Houston City Clerk a handwritten note stating, "I, Stacey W. Parker, hereby contest the mayoral election of Houston, MS. May 3, 2005," signed by Parker and dated May 4, 2005. Later that day the city clerk notified each of the other three mayoral candidates that Parker 1) had filed a notice of contest, 2) would have the right to examine the ballot boxes, and 3) had scheduled an examination for 9:00 a.m. on Monday, May 9, 2005. Moore's representative, Ike Brown, attended the inspection.

¶ 5. On May 11, 2005, Parker personally served on one of the members of the executive committee a Petition to Contest the mayoral primary. Though the committee met twice, each time scheduling discussion of the election contest, the committee never addressed the petition. At the third meeting on June 7, 2005, the committee was informed by election division attorneys from the Mississippi Attorney General's Office that the executive committee no longer had jurisdiction to consider matters relating to the May 3 primary.

¶ 6. On June 22, 2005, Parker filed a Petition for Judicial Review of Election Contest in the Circuit Court of Chickasaw County, Mississippi. On June 28, 2005, this Court entered an Order naming a special judge to preside over the election contest proceedings. On July 28, 2005, Moore moved to intervene as a defendant, attaching his answer, affirmative defenses, cross-claim and motion to dismiss and/or for summary judgment. On September 6, 2005, the circuit court entered an Order partially overruling Moore's motion to dismiss and/or for summary judgment. After a trial in May 2006, the special judicial tribunal, made up of a circuit court judge from another district and three members of the Houston Election Commission, found unanimously that at least nine illegal votes were cast for Moore and consequently, on June 9, 2006, ordered a special primary run-off.

¶ 7. Moore appealed and filed with this Court an emergency motion to stay and for expedited appeal. A panel of this Court denied Moore's motion to stay, but later, granted his motion for an expedited appeal.

*562 DISCUSSION

¶ 8. As an initial matter, Parker disputes this Court's authority to consider the issues raised on appeal. Parker cites Mississippi Code Annotated Section 23-15-933 (Rev.2001) for the proposition that the election order is not subject to review by this Court since the order was executed by the presiding judge and joined by all three of the Houston Municipal Election Commissioners, the four of whom comprised the special tribunal. Mississippi Code Annotated Section 23-15-933 reads:

The contestant or contestee, or both, may file an appeal in the Supreme Court within the time and under such conditions and procedures as are established by the Supreme Court for other appeals. If the findings of fact have been concurred in by all the commissioners in attendance, provided as many as three (3) commissioners are and have been in attendance, the facts shall not be subject to appellate review. But if not so many as three (3) of the commissioners are or have been in attendance, or if one or more commissioners dissent, upon review, the Supreme Court may make such findings as the evidence requires.

¶ 9. While the statute deems final the tribunal's findings of fact, its legal conclusions are reviewable by this Court on appeal. Accordingly, the statute presents no bar to any issues in this case since all issues presented are questions of law. Moreover, the issues raised for this Court's consideration do not require review of the findings of fact the tribunal made with regard to the nine fraudulently voted ballots.

¶ 10. All issues raised by Moore require this Court to interpret law, and thus, are reviewed de novo. Boyd v. Tishomingo County Democratic Executive Comm., 912 So.2d 124, 128 (Miss.2005).

I. Whether the Special Tribunal Had Jurisdiction to Consider Parker's Petition for Judicial Review

¶ 11. Moore contends that the special tribunal lacked subject matter jurisdiction due to Parker's failure to meet jurisdictional prerequisites enumerated in our election contest statutes. Moore alleges six procedural deficiencies.

A. Whether Parker Filed His Petition Contest with the Houston Democratic Executive Committee

B. Whether Parker's Petition to Contest Provided Sufficient Grounds for Contesting the Election

¶ 12. The two errors raised alleging violation of Mississippi Code Annotated Section 23-15-921 are considered together. This code section provides the procedure for contesting a primary election. The contestant must "within twenty (20) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested." Miss.Code Ann. § 23-15-921 (Rev.2001).

¶ 13. Moore contends that Parker filed two petitions to contest, the handwritten note on May 4, 2005, and a more formal, more specific petition on May 11, 2005. Moore asserts that Parker did not "file [his May 4, 2005,] petition with the secretary, or any member of the county executive committee in the county in which the election was held . . ." as required by Mississippi Code Annotated Section 23-15-921. Indeed, Parker filed his May 4, 2005, petition with the Houston City Clerk. However, on May 11, 2005, he personally served one of the members of the Houston Democratic Executive Committee with his *563 second petition.

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Bluebook (online)
962 So. 2d 558, 2007 WL 2325359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-parker-miss-2007.