Senate District 16 lawsuit heads back to circuit court -
[Cached Version]
Published on: 11/7/2006
Last Visited: 11/7/2006
Associate Justice Robert L. Brown reversed a ruling made by Circuit Judge L.T. Simes III in September which dismissed a lawsuit filed by Representative Arnell Willis against Jack Crumbly, the St. Francis County Election Commission and commissioners Frederick Freeman, Chris Oswalt and Maceo Hawkins surrounding alleged voter fraud in connection with the June Primary run-off election.
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The Supreme Court agreed with Willis who contended that Simes erred in declaring the office as a state office.
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The ruling also said that Willis was not required to name either the Secretary of State or the State Democratic Party as necessary and indispensable parties in the original lawsuit and held that the action taken by Willis is an election contest based on alleged irregularities that occurred during the election itself in St. Francis County.
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In other words, Willis' and Simes' election challenges were post-election cases, which do not call for the Secretary of State to be a party," the ruling stated.