BEFORE

THE HINDS COUNTY DEMOCRATIC EXECUTIVE COMMITTEE

IN RE: AUGUST 8, 2023 HINDS CO. DEMOCRATIC PRIMARY ELECTION

FOR SUPERVISOR DISTRICT 4

VERN GAVIN PETITIONER

WANDA EVERS RESPONDENT

PETITION FOR ELECTION CONTEST

COMES NOW, Vern Gavin, Petitioner (hereinafter “Gavin”), and files this his Petition

for Election Contest with the Hinds Co. Democratic Executive Committee (hereinafter “HDEC),

making Wanda Evers, Respondent, pursuant to Miss. Code Ann. Section 23-15-921, as amended,

and would show as follows:

1. The August 29, 2023, Hinds Co. Democratic Primary is contested for the nomination of

Wanda Evers as the Democratic Party nominee for Hinds Co. Supervisor.

2. That based on information and belief of qualified witnesses, there were such a gross

departure from the Mississippi Election Code that the will of the voters could not be ascertained.

3. Hinds County Democratic Executive Committee is the duly authorized county

executive committee charged with conducting the 2023 Hinds County Democratic Primary

election on August 8, 2023.

4. Vern O. Gavin, the Petitioner, is a qualified elector residing at 102 Moselle

Drive, Clinton, MS 39056. The Petitioner is Democratic candidate for Hinds County

Supervisor, District 4.

5. Based on information and belief, Wanda Evers, the Respondent, resides at

and is domiciled at 2908 Hemingway Circle, Jackson, MS 39209.

6. The Hinds County Democratic Party Executive Committee has jurisdiction
to consider this petition under Section 23-15-921.

7. Miss. Code Ann. 23-15-921 holds that within twenty (20) days after the primary

election, a person must a file a petition with the secretary, or any member of the…[e]xecutive

committee in the county in which the election was held, setting forth the grounds upon which the

primary election is contested; and it shall be the duty of the executive committee to assemble by

call of the chairman or three (3) members of said committee

8. Notice of the contest shall be served five (5) days before said meeting, and after

notifying all parties concerned, and proceed to investigate the grounds upon which the election is

contested and, by majority vote of members present, declare the true results of such primary.

Petitioner contends that irregularities and willful violations of the Mississippi election laws

occurred during the qualifications and primary election process.

9. The grounds upon which Gavin contests the election are set forth as follows.

10. Gavin contends that numerous irregularities and willful violations of Mississippi

election law occurred during the election. The issues represent a departure from Mississippi

election law and thus make it impossible to discern the true will and intent of the voters of

Supervisor District 4 of Hinds County, Mississippi.

11. Miss. Code Ann. § 23-15-563, holds that “each person who appears to vote in

person at a polling place or the registrar’s office shall be required to identify himself or herself to

a poll manager or the registrar by presenting current and valid photo identification before such

person shall be allowed to vote.

12. The intentional failure of an election official to require a voter to present

identification as required by this section shall be considered corrupt conduct under Section 97-

13-19 and shall be reported to the Secretary of State and the Attorney General.
13. At numerous precincts, supporters of Respondent violated Miss. Code Ann. 23-

15-895 (1972) as supporters were directed to remove themselves from inside one hundred fifty

(150) feet of any entrance to a building in which an election is being conducted.

14. On information and belief, there were voter complaints of undue influence by

Respondent’s supporters/poll watchers on the way to the precinct entrance and told whom to vote

for.

Irregularities with Pollbook

15. Miss Code Ann. 23-15-545 holds, that “At each election, at least one (1) poll manager

shall be charged with writing in the pollbook the word “VOTED,” in the column having at its

head the date of the election, opposite the name of each elector upon return of a marked paper

ballot by the elector with the initials of the initialing poll manager or alternate initialing poll

manager affixed thereon. When a DRE unit is used in the polling place, the word “VOTED”

shall be marked by at least one (1) poll manager in the pollbook in the column having at its head

the date of the election, opposite the name of the elector.”

16. On information and belief, the pollbook was not managed by one poll manager, nor

proper maintenance of pollbook(s).

17. Miss. Code Ann. 23-15-543 holds that, “the receipt booklet, mentioned in Section 23-15-

541, shall not be taken out of the polling place at any time until finally enclosed in the ballot box,

except in case of any adjournment, when the receipt book shall be sealed in the ballot box.”

18. On information and belief, the receipt booklet was taken out of the precinct not within the

exceptions of the law.

Irregularities with Poll Watchers

19. Miss. Code Ann. § 23-15-577, holds that “(1) Each candidate on the ballot shall

have the right, either in person or by a credentialed poll watcher, to be present at the polling

place. In general and special elections, each political party that has a candidate on the ballot shall

have the right to be represented at the polling place by two (2) credentialed poll watchers.

20. MCA 23-15-577 requires that poll watchers be certified and credentialed.

21. MCA 23-15-577 defines a credentialed poll watcher as “a credentialed poll

watcher means a poll watcher of good conduct and behavior, authorized in writing to act as the

representative of a candidate on the ballot or political party that has a candidate on the ballot.

The written authorization of the candidate or political party must be presented to a poll manager

by the certified poll watcher upon arrival at the polling place.

22. On information and belief, poll watchers for Respondent were not certified or

credentialed according to law.

23. Subsection (4) of MCA 23-15-577, further lists prohibited conduct by poll

watchers, holding that “candidates and credentialed poll watchers shall be allowed to challenge

the qualifications of any person offering to vote, and their challenge shall be considered and

acted upon by the poll managers. However, candidates and credentialed poll watchers shall not

be allowed to interfere in the election process, which shall include, but not be limited to, the

following:

(a) Communicating with any voter;

(b) Physically touching or handling any ballot, absentee ballot envelope, absentee ballot
application or affidavit ballot envelope;

24. MCA 23-15-551() holds that “ A person shall not be allowed in the room in which the

ballot boxes, compartments, tables and shelves are, except the officers of the election, and those

appointed by them to assist therein, and those authorized by Section 23-15-577.”

25. On information and belief, poll watchers communicated with numerous voters

and unduly influenced voters and unlawfully campaigned inside of precincts.

26. On information and belief, poll watchers were telling voters who to vote for.

27. On information and belief, precinct poll workers for Evers were standing outside

unlawfully influencing voters.

Irregularities with Poll Workers

28. On information and belief, Poll workers standing over voters while they were

voting.

29. On information and belief, Poll workers were filling out ballots for voters in

several precincts against the law.

30. Miss. Code Ann. § 23-15-511 states that one (1) sample ballot, which shall be a

facsimile of the official ballot and instructions to the voters, shall be provided for each precinct

and shall be posted in each polling place on election day.

31. On information and belief, the committee or poll workers failed to provide a copy

of the official ballot and instructions to the voters as directed by § 23-15-511.

32. This failure resulted in some voters only completing one side of the ballot because

they were not instructed to fill out the back.

Irregularities with County Executive Committee

33. Mississippi Code Annotated § 23-15-263 holds that “[u]nless otherwise provided

in this chapter, the…executive committee at primary elections shall perform all duties that relate

to the qualification of candidates for primary elections, print ballots for primary elections,

appoint the primary election officers, resolve contests in regard to primary elections, and perform

all other duties required by law to be performed by the…executive committee.”

34. Mississippi Code Annotated 23-15-299 (7)(a) holds that;

“ [u]pon receipt of the proper fee and all necessary information, the proper executive
committee or the Secretary of State, whichever is applicable, shall then determine at the
time of the qualifying deadline, unless otherwise provided by law, whether each
candidate is a qualified elector of the state, state district, county or county district which
they seek to serve, and whether each candidate meets all other qualifications to hold the
office he or she is seeking or presents absolute proof that he or she will, subject to no
contingencies, meet all qualifications on or before the date of the general or special
election at which he or she could be elected to office.

35. Miss. Code Ann. 23-15-300, The appropriate election official or executive committee,

whichever is applicable, with whom a candidate files qualifying information shall review and

determine whether the candidate meets the applicable residency requirement according to the

procedures in Section 23-15-299.

36. MCA 23-15-300 mandates an affirmative duty of the appropriate executive committee to

review and determine whether the candidate meets the applicable residency requirement.

37. On information and belief, the HDEC failed to consult the law on candidate qualifications

as it related to Respondent.

38. Based on information and belief, due to the bias of the county executive committee, the

committee failed to determine whether the Respondent was a qualified elector of the district and

whether the Respondent met all qualifications to hold office in Supervisor District 4.

39. The Respondent is presumptively disqualified under the law.

40. Section 23-15-300 of the Mississippi Code states that “any candidate for

any municipal, county or county district office shall be a resident of the municipality, county,

county district or other territory that he or she seeks to represent in such office for two (2)

years immediately preceding the day of election.”

41. According to the law, Homestead declaration creates a rebuttable

presumption of domicile. A review of the Hinds County land records shows that

Respondent owns properties at 2908 Hemingway Circle, Jackson, MS 39209 and at

1624 Rosemont Drive, Clinton, MS 39056; but Respondent’s Homestead Exemption was

claimed on her Hemingway Circle, Jackson, MS property.

42. Mississippi Code Annotated § 23-15-593 holds,

“ When the ballot box is opened and examined by the county executive committee
in the case of a primary election, or county election commissioners in the case of
other elections, and it is found that there have been failures in material particulars
to comply with the requirements of Section 23-15-591 and Section 23-15-895 to
such an extent that it is impossible to arrive at the will of the voters at such precinct, the
entire box may be thrown out unless it be made to appear with reasonable certainty that
the irregularities were not deliberately permitted or engaged in by the poll managers at
that box, or by one (1) of them responsible for the wrong or wrongs, for the purpose of
electing or defeating a certain candidate or candidates by manipulating the election or the
returns thereof at that box in such manner as to have it thrown out; in which latter case
the county executive committee, or the county election commission, as appropriate, shall
conduct such hearing and make such determination in respect to the box as may appear
lawfully just…”

43. Miss. Code Ann. § 97-13-19, holds that

If any manager, clerk, or any other officer whatever, assisting or engaged in

conducting any election, or charged with any duty in reference to any election,
shall designedly omit to do any official act required by law, or designedly do any
illegal act in relation to any election, by which act or omission the votes taken at
any such election in any district shall be lost, or the electors thereof shall be
deprived of their suffrage at such election, or shall designedly do any act which
shall render such election void, or shall be guilty of any corrupt conduct or
partiality in his official capacity at such election, he shall, upon conviction, be
imprisoned, in the county jail not more than one (1) year, or be fined not
more than Three Thousand Dollars ($3,000.00), or both.

44. The Mississippi election law is clear. These statutes and the case law provide

guidance for Mississippi’s citizens as to how primary election should be run.

45. In this case, there are significant irregularities in the conduct of the election itself,

in the process of balloting, counting ballots, in post-election responsibilities, in actions

(intentional or inadvertent) of poll workers, actions of poll watchers, and in actions (intentional
and inadvertent) of the Executive Committee members.

Improper Marking of Ballots

46. The statute requires that ballots be marked in a particular way based on the voting

system used.

47. Because paper ballots were used in this primary election, votes must be marked

with filled-in ovals beside the individual for whom the ballot is cast. Check marks are

disallowed.

48. The statutes on absentee ballots require that they must be specifically cast

consistent with Mississippi Law because there is a greater opportunity for fraud in absentee

ballots, particularly those which are not cast in the Clerk’s office.

49. On information and belief, the number of voters who signed in to receive ballots

is inconsistent with the votes case and the poll record notation.

WHEREFORE PREMISES CONSIDERED, Petitioner Gavin respectfully requests that

this Petition for Election Contest before the Hinds County Democratic to be received and filed,

and that a hearing be held consistent with Mississippi Law.

Gavin requests a hearing for the executive committee and seeks the following relief:

a. That the committee determine that there are significant errors, deficiencies,
variations from the law, etc. reflected with this election, and specifically with regard to facts and
allegations contained in the above paragraphs to into question with this election reflects the will
of the voters of Hinds County.

b. that the committee determine that there are significant deviations, specifically
with absentee ballots and these deviant absentee ballots which were accepted were counted and
comingled with other legitimately accepted absentee ballots such that is impossible to discern the
total number of legal votes received for each candidate and therefore to discern the true will of
the voters;

c. That the committee determine that the integrity of the votes cast and the other
deviations from the requirements of the Mississippi election law as to the manner in which
elections must be conducted were compromised due to the blatant disregard and substantial
departure from fundamental provisions of that law;

d. that the committee determine that based on the totality of the circumstances,
including an inconsistency in vote tallies, the allowance of illegality cast absentee ballots, errors
in the physical voting premises, electioneering, and poll watching, as well as a number of ballots
not initialed by the initialing clerk, ballots which were “spoiled” but counted, ballots which were
improperly marked, etc., the certification of this election cannot be expected to express the will
of the voters;

e. that the committee determine that a special election is warranted because so many
votes were disqualified that the will of the voters is impossible to discern.

f. Petitioner expressly reserves the right to raise additional grounds which may
subject the election to controversy, should they be revealed by further investigation or which the
Petitioner should become aware.

THIS the 18th day of SEPTEMBER, 2023.

/s/ Vern Gavin______

Vern Gavin,
 CERTIFICATE OF SERVICE

I, Vern Gavin, do hereby certify that the above and foregoing Petition for Election
Contest was delivered to the Hinds County Democratic Executive Committee.

This the 18th day of September, 2023.

/s/ Vern Gavin______

Vern Gavin, Petitioner