Leflore County Court Judge Kevin Adams is asking a judge to dismiss the election challenge of his opponent, Fred Clark.
In court documents filed Tuesday, Adams argues that Clark failed to file his challenge within the 20-day limit, isn’t qualified to be certified for office because he hasn’t filed campaign finance reports and lacks evidence to support his allegations of fraud.
A special judge, R. Kenneth Coleman of New Albany, has been appointed to hear the case. No court date has been set.
Clark had led by 169 votes following the Nov. 2 machine vote, but Adams narrowly emerged as the winner after the paper ballot count, 3,668 votes to 3,658.
Clark sued to have the results overturned on Nov. 23.
Among Adams’ arguments for why the case should be dismissed is that Clark filed his challenge late.
Clark missed the 20-day deadline by one day, but he has said the circuit clerk’s office closed early the day before. Circuit Clerk Trey Evans has denied closing early.
Adams also argues that since Clark has failed to make required campaign finance and other election filings, Clark could not have been certified for office and lacks standing to bring suit.
Even if Clark submitted the campaign finance reports now, Adams said, it wouldn’t matter because he said standing is determined at the time the election challenge is made.
Clark denied the relevance of that issue when reached for comment this morning.
“Campaign finance reports only apply after you win and before you take office, so that has nothing to do with the lawsuit,” he said.
Also, since Clark did not examine ballot boxes after the election, Adams said Clark should not be allowed to make “allegations based upon what he suspects an examination of boxes might have revealed.”
Clark’s complaint said the election results certified by the Leflore County Election Commission are “erroneous, arbitrary, capricious and not supported by substantial evidence.” Clark also raises issues involving information Evans provided to election commissioners, Indywood Glen Personal Care Home, miscounting paper ballots and black voters who cast absentee ballots.
Adams said those allegations are not supported by any evidence because Clark didn’t examine the ballot boxes.
Clark said this morning that there are other ways of finding out about fraud.
Clark had tried to inspect the boxes but was not allowed because Adams was not personally served notice, as required by law. Clark said Adams stayed out of town until after a deadline to avoid being served.
• Contact Charlie Smith at csmith@gwcommonwealth.com.
