Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

J. C. McDANIEL v. DAVID C. BEANE DAVID C. BEANE v. J. C. McDANIEL

NOVEMBER 18, 1987

J. C. McDANIEL
v.
DAVID C. BEANE DAVID C. BEANE v. J. C. McDANIEL



BEFORE ROY NOBLE LEE, C.J.; ROBERTSON AND GRIFFIN, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This is an election contest. State law has been designed to filter out sour grapes and to that end requires that two attorneys independently examine and certify to the merit of a defeated candidate's petition for judicial review. Authoritative construction of that law disqualifies attorneys representing the contestant from making that certificate. Today's contestant ran afoul these rules, in consequence of which his petition was dismissed. We affirm.

 Dismissal of the petition for judicial review leaves undisturbed the certification of the County Democratic Executive Committee. So much of the judgment of the Special Tribunal as orders a new election is reversed and rendered.

 II.

 Prior to 1987, J. C. McDaniel, Appellant herein, served as Elections Commissioner, Third District, Itawamba County, Mississippi. On April 24, 1987, McDaniel tendered his resignation from the office of Elections Commissioner and that resignation was immediately accepted. Thereafter, McDaniel qualified as a candidate for the Democratic Party nomination for the office of Supervisor, Third District, Itawamba County, Mississippi.

 The Itawamba County Democratic Party held its first primary election on Tuesday, August 4, 1987. On that occasion, no candidate received a majority of the votes. McDaniel and David C. Beane, Appellee herein, were the two highest vote getters, in consequence of which the Party's Executive Committee certified that their names should be placed on the ballot for the second primary.

 Three weeks later, on August 25, 1987, the second primary election was held. McDaniel received 1,113 votes to only 890 for Beane. McDaniel was the apparent winner of the Democratic Party nomination.

 Thereafter, Beane timely filed with the Itawamba County Democratic Party Executive Committee a challenge to the election. On September 21, 1987, the Executive Committee heard the contest, and on the authority of our decision in Meeks v. Tallahatchie County Democratic Executive Committee, 513 So.2d 563 (Miss. 1987), disqualified McDaniel and declared David C. Beane to be the Democratic Party nominee for the office of Supervisor, Third District, Itawamba County.

 On September 23, 1987, McDaniel filed in the Circuit Court of Itawamba County, Mississippi, his petition for judicial review. In that petition McDaniel urged that he was fully qualified as a candidate for the office he sought and asked that he be declared the Democratic nominee for that office. Supporting his petition for judicial review was an affidavit which reads as follows:

 STATE OF MISSISSIPPI COUNTY OF LEE

 AFFIDAVIT

 We, Mitchell D. Colburn and David R. Sparks, hereby certify that we are licensed and practicing attorneys in the State of Mississippi and that we have fully made independent investigations into the matters of fact and law upon which the protest and petition of J. C. McDaniel is based and that after such investigation we verily believe that the same ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.