Jackson Free Press

Republican District 71 incumbent Rep. John Reeves said he will appeal a Hinds County Circuit Court decision to the Mississippi Supreme Court. Hinds County Circuit Court Judge Winston Kidd granted a writ of mandamus Tuesday to Democratic District 71 winner Adrienne Wooten, compelling the Hinds County Election Commission to certify the results of the Nov. 6 election and declare Wooten the winner.

Kidd ruled the commission had neglected its duties in not certifying the results after the votes were counted.

"The law dictates that once the votes are appropriately counted, as done herein, the candidate with the greater number of votes shall be declared the winner. … It is elementary that the candidate with the greater number of votes, after all the votes are counted, must be declared the winner," Kidd stated.

Wooten called the decision to hold a revote "illegal and unconstitutional."

"The voters of House District 71 have spoken loud and clear. They do not want to be represented by John Reeves beyond Dec. 31," Wooten said.

Wooten asked the Hinds County Circuit Court to order the Hinds County Election Commission to reverse its November decision to hold a revote, and to certify her as the winner. The commission decided to hold a revote because of irregularities in precincts 72, 93, 92 and 96, which directed some voters to ballots without Reeves as a voting option. Reeves also said Precinct 92 used the wrong voter roll and turned some voters away when their names didn't appear.

Reeves, who has held the District 71 seat since 1984, lost to Wooten by about 220 votes.

The court rejected Reeves' argument, which was based on the case Barbour v. Gunn, arguing that the case did not hold enough similarity to Reeves' issue.

"Primarily, and most importantly, the results in Barbour were certified in the manner as contemplated by the law and thereafter one of the candidates filed a petition contesting the election. In order for the process to move forward herein, the results of the election shall be certified."

Wooten's attorney Carlton Reeves said the court's decision followed Mississippi law.

"The court was right in that the Hinds County Election Commission was obligated to count the ballots, canvas those ballots and certify the results. The commission failed and refused to certify the results, and that was their statutory obligation."

Reeves maintains that the voter irregularities in the contested precincts deprived his voters of their constitutional right to a fair election, and said he would file an emergency appeal asking the court to vacate the Hinds County Circuit Court ruling.

"This case is about he right of every voter to participate in a free and fair election. Any election should be decided according to the law and with every voter having the chance to vote for the candidate of his or her choice. The commission found that it could not determine the will of the voters and ordered a revote."