Melton Sues Democratic Committee | Jackson Free Press | Jackson, MS

Melton Sues Democratic Committee

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Attorney John Reeves will argue on Wednesday that Mayor Frank Melton should be allowed to run as a Democrat.

Earlier: Melton to Democratic Party: 'Go to Hell'
See JFP Melton Blog/Archive Here

Jackson Mayor Frank Melton filed suit in Hinds County Circuit Court today to force the Jackson Democratic Municipal Executive Committee to recognize him as a Democratic candidate running in a local election.

Melton's attorney John Reeves, who is also representing Melton in his federal civil-rights trial, said committee members were "beyond reasoning with."

"I attempted to work with (Jackson Democratic Municipal Executive Committee head) Claude McInnis without filing suit, and he advised me this afternoon that he had talked to members of his committee, and based on his conversations with them, future negotiations would be futile—that any meeting with Mr. Melton or his legal team would be unproductive, that members of the committee were steadfast and would not change their minds. And he told me I should go ahead and take the matter to court," Reeves told the Jackson Free Press.

The committee voted unanimously on Tuesday to bar the mayor from the primary on the basis that they did not believe he qualified as a Jackson resident. The committee agreed that tax records showing Melton filed his homestead exemption in Texas disqualified him as a resident.

Reeves said the homestead exemption argument is more of a guideline than a rule, and is not required to prove residency. His suit claims the mayor is "a bona fide adult resident citizen of the city of Jackson" who votes in Jackson and owns a home in Jackson, and pays various bills mailed to a Jackson address. He also argues that the committee should have included Melton in the Tuesday discussion if they were considering barring him.

Reeves also pointed out that the same committee had accepted Melton's residency requirements during the last election.

The committee did recognize Melton's residency in 2005—but only after Melton misinformed the committee that he had filed for homestead exemption in Jackson, as reported then by the Jackson Free Press. Supporters of then-mayor Harvey Johnson Jr., approached the committee with proof of Melton's Texas exemption after it was too late for Melton to re-file for homestead exemption in Jackson. Melton's former attorney, Sarah O'Reilly-Evans—who is now the city attorney—informed the committee at the time of the revelation that it was too late for the committee to act on the new information.

"You treat (this) as any court of law would when something is brought up outside the statute of limitations—you dismiss it as not timely filed," O'Reilly-Evans said during the April 2005 committee meeting. "It is my understanding that … there was a 10-day window for this committee or any other individual to come forward and deal with this issue at that time."

Then-Ward 7 Committee member David Blount was furious: "We asked every candidate the same question with the intention of preserving the viability of every candidate, and we were told by Mr. Melton that he'd filed homestead exemption in the city of Jackson, and we relied on that in certifying him, as we did every other candidate. That bothers me, because when we have folks come forward we rely on them telling the truth to the committee. If we rely on something that's not true, we can still not go back and deal with it—is that what you're telling us?" he demanded of O'Reilly-Evans.

McInnis would not comment on the issue today, explaining that it was now a court matter. He'd said in 2005 that he had been in politics ever since he was 26 years old, and had learned that "in politics … almost anything that can be said, will be said."

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