Straughter v. Collins

819 So. 2d 1244, 2002 WL 1292970
CourtMississippi Supreme Court
DecidedJune 13, 2002
Docket2000-EC-01947-SCT
StatusPublished
Cited by5 cases

This text of 819 So. 2d 1244 (Straughter v. Collins) 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
Straughter v. Collins, 819 So. 2d 1244, 2002 WL 1292970 (Mich. 2002).

Opinion

819 So.2d 1244 (2002)

McArthur STRAUGHTER
v.
Cobie COLLINS.

No. 2000-EC-01947-SCT.

Supreme Court of Mississippi.

June 13, 2002.

*1246 John R. Reeves, Jackson, attorney for appellant.

Derek E. Parker, Yazoo City, attorney for appellee.

Before SMITH, P.J., COBB and DIAZ, JJ.

COBB, J., for the Court.

¶ 1. McArthur Straughter filed a complaint in the Yazoo County Circuit Court challenging the results of the 1999 general election for Yazoo County District 5 Supervisor in which Cobie Collins defeated him by 36 votes. The complaint was brought to trial, but at the conclusion of Straughter's case-in-chief, the circuit court granted Collins's motion for directed verdict, concluding that Straughter failed to put on sufficient evidence of election fraud by Collins's workers to create a jury issue. Aggrieved, Straughter now appeals, raising the following issue:

WHETHER THE CIRCUIT COURT ERRED IN GRANTING DEFENDANT'S MOTION FOR A DIRECTED VERDICT?

¶ 2. Concluding that Straughter's appeal is well taken, we reverse and remand for a new trial consistent with this opinion.

FACTS

¶ 3. McArthur Straughter and Cobie Collins were rival candidates for the position of Yazoo County District 5 County Supervisor. The general election was held on November 2, 1999, and the Yazoo County Election Commission certified that Collins, the incumbent District 5 Supervisor, was the winner by a margin of 36 votes. Straughter subsequently timely filed a complaint alleging that Collins caused his supporters to intimidate voters and to coerce their votes, and that his supporters engaged in other improper acts, in violation of the Mississippi Election Code, Miss. Code Ann. §§ 23-15-1 et seq. (2001). Specifically, Straughter claimed that Collins caused some of his supporters to gather in large groups both outside and inside the L.T. Miller Community Center ("the Center"), which was the main polling place for District 5; that some of his supporters physically entered voting booths with voters without their permission and instructed them to vote for Collins against the voter's wishes; and that some non-resident voters were allowed to vote for Collins in the election.[1]

*1247 ¶ 4. Straughter called nineteen witnesses during his case-in-chief. Victoria Marie Pittman testified that when she and her mother arrived at the L T. Miller Community Center polling place, four people came over to their car and a woman named Reecie snatched information on Straughter away from Pittman, and pushed Collins's literature into her hand, indicating that Straughter was "not the one to vote for." Pittman further testified that when she went inside the voting building, a woman named Purvis (who apparently was a poll worker) physically entered the voting booth with her, without being asked to do so, and began pulling the voting machine levers to vote on Pittman's behalf, selecting Collins instead of Straughter in addition to casting votes for candidates for other offices on the ballot.

¶ 5. Willie Earl Wright, a long-time Yazoo County employee, testified that he personally observed Collins open an absentee ballot, review the vote contained inside, and seal the ballot with a glue stick. This was done in Collins's office in the presence of Wright and four other current Yazoo County employees, at a meeting called by Collins to go over plans to get absentee ballots from the nursing home before Straughter did.

¶ 6. Reaver Brown, a friend of Straughter's who stayed at the Center for most of the day to observe the scene on Straughter's behalf, testified that the parking lot was crowded with cars, which he claimed was a tactic used to intimidate white voters. Brown also testified that a number of individuals not entitled to voter assistance nevertheless asked for assistance and were accompanied into voting booths by Collins's supporters.

¶ 7. W.C. Williams testified that a man named Robert Lee approached him and asked if he needed assistance. When he answered in the affirmative, Lee accompanied him into the voting booth. Williams testified that he told Lee to vote for Straughter, but that he did not know which lever Lee pulled, though "he pulled it twice." However, Williams's testimony conflicted with a prior statement in which he said that a man named Peter Gower entered the booth with him and definitely pulled the lever for Collins. On crossexamination, Williams stated that he had not read that statement when he signed it.

¶ 8. Wendy Gates testified that she came to the Center for her first time to vote, and when she arrived at the Center, a woman named Loretta Collums physically took Gates's infant child from her and accompanied her to the voting booth under the guise of assisting her. Gates testified that Collums had said she was going to help her, so when the poll worker asked if she needed help, she said Collums was "with" her and they went inside of the curtain together. She told Collums that she wanted to vote for Straughter, but she saw Collums pick Collins instead. She testified that she was upset about that, but record reflects that neither her attorney nor Collins's attorney asked her what she said or did about it.

¶ 9. Truvander Brown, a campaign worker for Straughter, who served as a poll watcher from noon until the polls closed, testified that three of Collins's sons and other members of Collins's family remained at the Center the entire time she was there. She said that Collins stood at the door, and she drew a sketch showing that, in order to enter the door of the polling place, voters had to come so close to Collins, his sons and other family members that they would have to step aside to let the voters enter the door. She further testified that this was intimidating and uncomfortable.

¶ 10. Joe L. Berry testified that he asked for assistance at the Center because he had difficulty reading and that a woman *1248 entered the booth with him and he asked her to pull the lever for Collins. He admitted that he could not read the names of either Collins or Straughter and that he did not feel scared or intimidated.

¶ 11. Emma Clark, District 5 Election Commissioner, testified that she was concerned on the day of the election that some people at the Center may have been given assistance who were not entitled to voter assistance. She also testified that she attempted to give cards outlining the procedure for giving voter assistance, to the people she saw going into the polling booth with voters, but that they laughed at her, threw the cards on the ground, saying "who does she think she is?"

¶ 12. Thomas Jones testified that the entrance to the polling place was partially blocked, so that he had to go around people to get in, and that it was intimidating to him. He further testified that, as he entered the voting booth, a young woman came in with him and asked if he needed assistance. He described this approach as unwelcomed, intimidating, and insulting. After he declined assistance, the young woman left, and Jones cast his vote without interference.

¶ 13. Robert Lee, an employee of the Board of Supervisors who worked under Collins, testified that he took a vacation day from work to help with Collins's reelection. Specifically, Lee assisted two or three voters who could not read. He also testified that he assisted voters in applying for absentee ballots. Lee denied any knowledge that Collins had engaged in voter fraud by tearing up one absentee ballot and directing Peter Gower to sign another one.

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Cite This Page — Counsel Stack

Bluebook (online)
819 So. 2d 1244, 2002 WL 1292970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straughter-v-collins-miss-2002.