Joe D. Chandler v. Floyd McKee
202 So. 3d 1269
Miss.2016Background
- Joe Chandler won the Clay County District 5 Democratic primary run-off by eight votes on August 25, 2015; Floyd McKee contested the result.
- McKee filed an election-contest petition with the Clay County Democratic Executive Committee (CCDEC) on September 14, 2015 alleging voting irregularities discovered during canvassing.
- The CCDEC held a hearing and denied McKee’s contest on September 23, 2015, affirming Chandler’s victory.
- McKee filed a petition for judicial review in Clay County Circuit Court on October 2, 2015 under Miss. Code § 23-15-927; Chandler moved to dismiss as untimely.
- The circuit court denied the motion, concluding the ten-day filing period in § 23-15-927 ran from the executive committee’s decision, not from the initial filing of the contest; the Supreme Court granted interlocutory review.
- The Mississippi Supreme Court reversed, holding the 2012 amendment to § 23-15-927 plainly requires filing a petition for judicial review within ten days after filing the contest with the executive committee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McKee’s judicial-review petition was timely under Miss. Code § 23-15-927 | McKee: Ten-day period should run from the executive committee’s ruling; he filed within ten days of that ruling | Chandler: Statute was amended in 2012 to require filing within ten days after the contest/complaint is filed with the executive committee; McKee filed too late | Held: Statute unambiguous; petition must be filed within ten days of filing the contest with the executive committee; McKee’s petition was untimely and must be dismissed |
Key Cases Cited
- McDaniel v. Cochran, 158 So. 3d 992 (Miss. 2014) (recognizing § 23-15-927 was amended in 2012 to add a ten-day filing deadline)
- Pearson v. Parsons, 541 So. 2d 447 (Miss. 1989) (interpreting “forthwith” in pre-amendment § 23-15-927 as a fact-specific, non-fixed time frame)
- Waters v. Gnemi, 907 So. 2d 307 (Miss. 2005) (noting election contests must proceed on an expedited timeline to avoid disruption)