353 So.3d 425
Miss.2022Background
- June 16, 2020: Democratic primary runoff for Alderman, Ward I in Aberdeen — Holliday declared winner.
- July 6, 2020: Devaull filed a complaint with the Aberdeen Municipal Democratic Executive Committee; Committee upheld Holliday on July 15.
- July 16, 2020: Devaull filed a petition in Monroe County Circuit Court seeking judicial review under Miss. Code § 23-15-927, attaching an unsworn copy of his committee complaint.
- December 16, 2020: After Holliday moved to dismiss for lack of jurisdiction (Dec. 15), Devaull filed a Second Amended Petition swearing to the prior allegations and seeking relation back to the July filing; trial began Jan. 4–8, 2021.
- February 26, 2021: Trial court ordered a special election; Holliday appealed.
- September 15, 2022: Mississippi Supreme Court reversed and rendered, holding the circuit court lacked subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument (Devaull) | Defendant's Argument (Holliday) | Held |
|---|---|---|---|
| Whether the circuit court had subject-matter jurisdiction under Miss. Code § 23-15-927 when Devaull failed to file a sworn copy of his committee complaint within ten days | The December amendment cured the defect and should relate back to the original July 16 filing (Rule 15/cure) | The ten-day sworn-copy requirement is jurisdictional; failure to comply deprives the circuit court of jurisdiction and cannot be cured after the deadline | Court: Jurisdictional requirement is mandatory; post-deadline amendment cannot cure it given the statute’s ten-day rule — no subject-matter jurisdiction (reversed and rendered) |
| Whether the trial court properly ordered a new (special) election | A new election was warranted due to alleged substantial irregularities | Lacking jurisdiction, the court had no authority to order a new election | Court: Because it lacked jurisdiction, the trial court had no authority to order a new election; judgment for Holliday rendered |
Key Cases Cited
- Jefferson Davis Cnty. Democratic Exec. Comm. v. Davies, 912 So. 2d 837 (Miss. 2005) (allowing amendment to cure unsworn complaint before the 2012 statutory ten-day requirement)
- Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005) (statutory filing requirement is jurisdictional)
- Chandler v. McKee, 202 So. 3d 1269 (Miss. 2016) (legislative amendment imposing strict time limits on election disputes must be enforced)
- Jackson v. Bell, 123 So. 3d 436 (Miss. 2013) (review of election contests is governed by statute and this Court’s precedents)