A contested Coahoma County Sheriff’s race has attorneys for both sides busy filing motions and responses with more than 18 documents filed with the court as of this week.
Incumbent Sheriff Charles Jones has filed suit in Coahoma County Circuit Court saying the Coahoma County Democratic Executive Committee failed to meet or act on discrepancies he is claiming occurred around the Aug. 8 Democratic Primary Election that saw him lose to Mario Magsby by about 170 votes.
Jones’s attorney has pointed to over a dozen discrepancies in the Aug. 8 primary, but Magsby’s attorney has countered that allegations are not facts, and has asked Jones to produce evidence of election crimes or have the case dismissed.
Magsby’s attorney is also pointing out that, while Magsby’s is being sued, Magsby did not conduct or manage the election.
Magsby’s response to Jones says in part his complaint is with the Coahoma County Democratic Party.
Jones in his suit says he sent emails to the party email address and to the email of Amanda Dear-Jones with his concerns. Jones also says he followed up with Democratic Party Chairman Ray Sykes to discuss his petition and setting a hearing.
State law says a candidate must file a petition with the party executive committee within 20 days to obtain a hearing.
Jones says they failed to investigate his concerns and hold a hearing. At that point Jones filed the current case in Coahoma County Circuit Court on Sept. 8.
In an affidavit provided by Sykes he said that “once the primary was over, I had no reason to check the inbox associated with that address. Even after I was informed that a copy of Jones’ petition had been sent to me via email, I did not check that inbox.”
The suit does present several affidavits from voters who said they were treated rudely by poll-workers, cars with candidate signs on them were parked at the door inside the 150-foot rule, and the voting machine “kept spinning” after they cast their ballot.
Candidate Mary Frances Dear-Moton presented an affidavit with 10 complaints. Dear-Moton was unsuccessful in her bid for office.
Jones is no stranger to contested election and first pinned on the Coahoma County Sheriff’s badge after he was initially beaten by incumbent Sheriff Andrew Thompson, then filed a lawsuit that said the election was faulty. Jones won his case prompting the judge to require another election, where Jones was elected sheriff.
In the 2019 Coahoma County Primary, Magsby contested the election, saying it was fraudulent, but ultimately lost his case and Jones continued as Sheriff.
The local Democratic Party has presented Magsby as their candidate for sheriff in the Nov. 7, general election where Magsby will face Independent candidate Stacy Lester.
The winner of the Nov. 7 general election will take office Tuesday, Jan. 2, 2024.
The suit concludes there are “significant errors, deficiencies, variations from the law” and specifically asks the court to determine the integrity of the votes cast and the validity of the election.
Jones is represented by attorney Walter Howard Zinn of Pontotoc.
Magsby is represented Lawrence Tucker of Oxford.
Jones has asked the Mississippi Supreme Court to appoint a judge to hear the case. Judge Jeff Weill, Sr., of Hinds County, has been named a Special Judge. A tentative court date of Dec. 6 and 7 has been set.
No other candidates in the Nov. 8 election, including those who lost by closer margins, have contested the election or filed suit with the court.
