Tuesday, March 20, 2012

It's war in Canton. Judge orders Election Commissioners to court Friday. Update: Commission meeting at 9 .

Update: STOP THE PRESSES!!! Election Commission just, and I mean just, decided to meet tomorrow morning at 9:00 AM to certify the election.


Madison County Circuit Judge William Chapman ordered the Canton Election Commission to appear in his court this Friday at 9:00 AM. The Election Commission has not certified the Ward 2 Alderman election held on March 13 even though state law requires certification within five days. The commissioners are Johnnie Rogers, Karen Powell, and John Brown. John Brown is the brother of Ike Brown.

Candidate Don Bates filed a petition for a writ of mandamus this morning in Madison County Circuit Court. Judge Chapman stated he will hear the petition on Friday with the Election Commission present. Mr. Bates won the election with 272 votes even though he was the only white candidate in a field of five candidates including the Mayor's wife. The petition is posted below and provides a very good history on the election and the refusal of the Election Commission to even meet. A writ of mandamus allows a judge to order an official to perform a duty.




Here is the petition for the writ of mandamus. The attorney did such a good job drafting it there is no point in me recapitulating the facts. If you want to learn the facts of the case in a brief manner, just read the petition.

Posted by Kingfish at 6:08 PM

12 comments:

Anonymous said...

the double standard in 21st century mississippi is sickening, why wont national news cover this?

March 20, 2012 at 7:17 PM
Anonymous said...

A relative of Ike Brown? Like they say in Monty Python "Say no More!"

March 20, 2012 at 8:38 PM
Anonymous said...

Can a court remove the commissioners?

March 20, 2012 at 9:57 PM
Anonymous said...

my gawd ya'll! where in the world do these tards come from?

March 21, 2012 at 6:43 AM
Noble said...

I was present at City Hall at all procedures described in the petition. Johnnie Rogers, who chaired the election commission, made every effort to certify Don Bates' election. She repeatedly urged Brown and Powell to come to meetings to conclude certification and tried to conduct the entire proceedings in a fair and legal manner.
Madge Noble

March 21, 2012 at 7:35 AM
Anonymous said...

"John Brown is the brother of Ike Brown." Wow. Didn't know that. And that explains a lot.

Kinfish, you did an excellent job staying on top of this. Thanks so much.

And to Ms. Rogers, thanks for trying to get the job done. Sorry you had to go thru all of this, but thanks for standing up against this type of crud.

March 21, 2012 at 10:39 AM
Anderson said...

"Sorry, Mayor, we'd like to help, but not enough to have to stand up in court and explain all this."

Very sensible.

March 21, 2012 at 11:05 AM
Anonymous said...

Were they meeting at 9:00 today to certify? If so, did that happen? Of course there isn't anything on the CL site about this....since it's reverse discrimination and far below Jerry Mitchell's pay grade.

March 21, 2012 at 1:49 PM
Pete Perry said...

Update of your update. Election Commission actually did meet this morning at 9:00 and proceeded to do its duty regarding the 45 Affidavit Ballots left 'pending' following last Wednesday's meeting. As should have happened, those that did not live in Ward 2 along with those that were 'cast' by individuals that are not registered voters were not counted. The three that were not signed by the Poll Manager also were disallowed as required by the law.

Immediately after taking action on these ballots - an action that should not have required any additional time last Wednesday evening - the Commission completed its required duties and certified the election.

Don Bates is now the certified winner of the special election and will be the new member of Canton's Board of Aldermen.

March 21, 2012 at 1:55 PM
Pete Perry said...

1:49, the CL did post a story on the action at 12:06 this afternoon. Frankly, the CL has stayed on this story with good reporting since it began last Wednesday. Their reporter has been in attendance at most every one of the 'non-meetings' of the Commission and has provided (unusually accurate for the CL) reports of the activities of the commission.

March 21, 2012 at 2:07 PM
Anonymous said...

Thanks for the update, Mr. Perry. I totally missed the story buried a couple of clicks off the homepage. And I guess you and I will have to politely disagree on what constitutes "good reporting". Ninety percent of what Kingfish told us never made it to the CL's website.

March 21, 2012 at 2:44 PM
Anonymous said...

Congratulations Mr. Don Bates.

I hope you can now start establishing some
"common sense" coalitions in Canton.

March 21, 2012 at 7:01 PM

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