Court started at 9 a.m. Wednesday and recessed shortly before 7 p.m. with former Coahoma County Sheriff Charles Jones’ attorney saying he had evidence of about 50 votes that were cast improperly in the race that elected Mario Magsby as Coahoma County’s next sheriff.
Jones lost to Magsby by more than 170 votes in the Aug. 8 primary.
“I’m not going to be able to show you 170 votes for my client,” said Jones’s attorney Walter Zinn. “But if I can show about 50, that will show a gross departure occurred.”
Jones is seeking to have the election results, which have already been certified by the Coahoma County Election Commission, the Coahoma County Board of Supervisors and the Mississippi Secretary of State, thrown out and a special election called for the county.
Judge Jeff Weills dismissed court last night late after hearing hours of testimony from Charles Jones, Amanda Dear Jones, Mary Frances Dear Jones and Annie Collins about their perceived discrepancies in the case. Circuit Court Clerk Demetria Jackson was on the stand last night when Weills called a halt to the proceedings.
Zinn said he planned to seek dismissal of Coahoma County Election Commis-sion Chairman Andrew Thompson from the tribunal that is hearing the case. In election cases the Judge rules on the law and fact, but the local Election Commission acts as a special advisor to provide clarity to the judge about the process that led to Magsby’s election.
Magsby’s attorney Law-rence Tucker repeatedly said Jones would not find the 170 votes needed to reverse the election. He also pointed out, while there was much speculation about election violations, there was no hard evidence of fraud or the security of the ballot box.
Zinn repeatedly said his goal was to show “the will of the voters was not followed based on firsthand experience of voters,” but he only called four witnesses.
Late in the day Weills pointed out to Zinn that only two votes noted by Amanda and Mary Frances Dear Jones at the Expo Center Precinct appeared suspect. He added that while Collins had details from concerns at Friars Point Precinct, Collins said on the stand those people had been allowed to vote.
Zinn did point out there were additional discrepancies in mail in ballots and absentee ballots. But he never said if those problems would have helped or hurt his client.
Tucker said allegations are not facts, and 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 who did conduct the Aug. 8 party primary.
Jones in his suit says he sent emails to the Democratic 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.
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. But those allegations never proved it influenced a single vote.
Mary Frances Dear-Moton, who was also a candidate for Dist. 5 Supervisor, 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.
Magsby also won the Nov. 7 general election defeating incumbent Stacey Lester. Unless the court rules otherwise, Magsby will take office Tuesday, Jan. 2, 2024.
No other candidates in the Nov. 8 election, including those who lost by closer margins, contested the election or filed suit with the court.
