Former Hinds County District 2 Supervisor David L. Archie gets to fight another day in Court.
Mr. Archie filed an election challenge in Hinds County Circuit Court after he lost his re-election bid in August 2023. The challenged was filed on September 8, 2023, thus missing the statutory deadline by one day. The Circuit Court thus dismissed Archie's case. The former supervisor appealed to the Mississippi Supreme Court.
The Court held that the ten-day deadline fell on September 7 but it could be extended if the office was closed that day. Unfortunately, Special Circuit Judge Barry Ford did not investigate whether it was indeed closed, which it actually was. The Court stated:
On September 7, 2023, the tenth day after Archie had filed his contest petition with the HCDEC, Hinds County experienced a cyber attack, crippling county offices. While the Hinds County Courthouse was unlocked and available to the public, it is undisputed that the circuit clerk locked the doors to the Hinds County Circuit Clerk’s Office to the public at some point around noon on September 7. Archie and two of his associates all submitted affidavits that state that the circuit clerk’s office doors were locked, the lights were out at both entrances to the circuit clerk’s office, and they saw no employees present in the office. One of Archie’s associates claimed in his affidavit that he witnessed a UPS delivery person unable to deliver a package to the circuit clerk’s office. Wallace’s affidavit states that “The Circuit Clerk’s Office locked its doors some time after noon on September 7, 2023.”
The evidence in the record before this Court is simply insufficient for any accurate factual determination regarding whether the clerk’s office was open or closed. Archie certainly produced compelling evidence that the clerk’s office was closed, alleging that it was locked and had the lights off and that no one appeared to be there. Wallace admits that the doors were locked to the public, and his affidavit is silent on whether the lights were off or whether any employees were present in the office.
The opinion states state law requires the clerk's office to remain open from 8:00 AM to 5:00 PM. Since Judge Ford did not determine whether the office was closed, the Mississippi Supreme Court kicked the case back to the Circuit Court and ordered Judge Ford to investigate whether the office was open from 8:00 AM to 5:00 PM as required by law.
13 comments:
Who. Cares for this obnoxious loud mouth
He's back!
Ooops!
Being a county $upervi$or must have a lot of financial benefit$ above and beyond the $alary, cellphone, and county $UV.
That's a really interesting gaggle of lawyers involved in the case.
You expect judges to do any sort of an investigation? lol
Even if he wins the deadline issue, he still has to prove the claims in his lawsuit. I assume they are as bogus as he is.
Does this mean that this grifter is currently actually working for a living and desperately wants his "welfare with honor" job back?
Even with all those attorneys, the records lacks sufficient evidence to determine the central fact: Was the clerk's office open to the public to conduct business on the afternoon of September 7, 2023.
Yes, Archie was an embarrassment. But I do agree with the decision because of the circumstances at the clerk's office. BUT FURTHER, the District 2 results in the August 8th primary runoff had Archie with 33% and Anthony Smith with 67%. I don't follow his claims that software promoted certain candidates over others.
Judge will probably rule that Clerk's office wasn't "open" as required and allow the case to move forward. At that point, he will likely dismiss the entire case due to it being as bogus an election contest as those filed by DJT's gaggle of lawyers - lots of claims with absolutely nothing significant or relevant to a claim of election violations.
But, this Judge has made some absolutely ridiculous rulings after having been appointed to hear election contests, so no telling what might ring his bell this time - he could even buy some of the loudmouth's crap.
I hope Archie is successful. Since Stokes has calmed down to a level of silence, we need comedy and excitement coming from SOMEwhere.
For entertainment purposes, we need somebody in Stokes' absence, don'tcha thank?
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