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BEFORE THE ELECTION COMMISSION

OF THE CITY OF JACKSON, MISSISSIPPI

IN RE:

QUALIFICATIONS OF L. PATRICIA ICE,


CANDIDATE FOR COUNCILMAN, WARD 1,
SPECIAL ELECTION TO BE HELD ON
TUESDAY, FEBRUARY 15, 2011

PETITION OF QUENTIN WHITWELL, CANDIDATE

COMES NOW the Petitioner, Quentin Whitwell, candidate for

Jackson City Council Ward 1 (also known as Robert Q. Whitwell as a

registered Hinds County voter) pursuant to Section 23-15-963,

Mississippi Code of 1972, who brings this Petition challenging the

legal qualifications of L. Patricia Ice, a candidate for the office

of Councilman, Ward 1, City of Jackson, in the special election to

be held on Tuesday, February 15, hereby states the following:

1. The Office of Councilman Ward 1 became vacant when the

incumbent councilman, Jeff Weill, resigned from that office in

order to be sworn in to the position of Hinds County Circuit Judge,

District Seven, Sub-district 7-1, on January 4, 2011.

2. On January 4, 2011, the governing authorities of the City

of Jackson, pursuant to Section 23-15-857, Mississippi Code of

1972, ordered a special election to take place on Tuesday, February

15, 2011, for the purpose of filling the vacant Ward 1 Councilman

position. In furtherance of that goal, and in accordance with

Section 23-15-857, the governing authorities established the filing


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deadline for candidates to be 5:00 p.m. on Wednesday, January 26,

2011, twenty days before the special election. Mississippi Code

Annotated Section 23-15-857 requires that a person desiring to

become a candidate in the special election must submit a candidate

petition signed by not less than 50 (fifty) qualified electors

residing in the ward prior to the established deadline.

3. At about 3:39 p.m. on the day of the qualifying deadline, L.

Patricia Ice filed her candidate petition, a copy of which is

attached as Exhibit A. Since that time, representatives of the

undersigned petitioner and others have reviewed Candidate Ice’s

petition, and discovered the following material irregularities

which render the petition invalid:

a. Candidate Ice’s petition contains a total of sixty (60)

signatures. However, nine (9) of the signatures are for

persons who do not reside in Ward 1 or are not otherwise

registered to vote in Hinds County.

b. Candidate Ice signed the petition herself, which is not

allowed by law. One who is petitioning to qualify cannot offer

herself as a signor to be one of the fifty (50) signatures

required by Section 23-15-857. See Kucinich v. Duffy, 22 Ohio

St.2d 61, 258 N.E.2d 111.

c. The signature of Zerric Branson is not identifiable as

authentic, nor does it appear that he is a registered Voter in

Ward One as Precinct 28 is not in Ward One.

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d. The signature of Don Knotts does not appear to be authentic

as the signature misspells the name of the person who

purportedly signed it.

e. The signatures of Eilleen Payne (Voter Registration No.

92289) and Bill H. Payne (Registration No. 18052) appear to

have been signed by the same person, meaning that one may have

signed for the other or some third party signed both

signatures. Therefore, one or both of the signatures should

be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

f. The signatures of Joan Potter (Voter Registration No.

57509799) and Ronald Potter (Registration No. 14897) appear to

have been signed by the same person, meaning that one may have

signed for the other or some third party signed both

signatures. Therefore, one or both of the signatures should

be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

g. The signatures of Ray H. Blackmon (Voter Registration No.

16043) and Alice T. Blackmon (Registration No. 92027) appear

to have been signed by the same person, meaning that one may

have signed for the other or some third party signed both

signatures. Therefore, one or both of the signatures should

be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

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h. The signatures of Judith Pulliam (Voter Registration No.

6768926) and Barrett Pulliam (Registration No. 775141031)

appear to have been signed by the same person, meaning that

one may have signed for the other or some third party signed

both signatures. Therefore, one or both of the signatures

should be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

i. The signatures of Cecil Wright (Voter Registration No.

16672) and Maude Wright (Registration No. 16673) appear to

have been signed by the same person, meaning that one may have

signed for the other or some third party signed both

signatures. Therefore, one or both of the signatures should

be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

j. The signatures of Cathy Ambrose (Voter Registration No.

72687) and Larry Ambrose (Registration No. 92285) appear to

have been signed by the same person, meaning that one may have

signed for the other or some third party signed both

signatures. Therefore, one or both of the signatures should

be disqualified and not counted toward the 50-signature

minimum. 1981 WL 39242 (Miss.A.G.)

4. Based on the above information, the petition submitted by

Ms. Ice does not have the requisite number of signatures required

by Section 23-15-857. Alternatively, and in addition, the petition

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contains material irregularities rendering it invalid that have

been specified herein and potential other irregularities may exist.

Accordingly, the Election Commission should reject the Petition and

disqualify L. Patricia Ice as a candidate for the office of City

Councilman, Ward 1.

Further, since Candidate Quentin Whitwell has fully

demonstrated his qualifications to hold said office, and he is the

only other candidate in the race, Candidate Whitwell should be

declared the winner of the special election in accordance with

Section 23-15-359(9), Mississippi Code of 1972.

WHEREFORE, PREMISES CONSIDERED, in consideration of the

foregoing, and in an effort to avoid unnecessary expense to the

taxpayers of Jackson related to the preparation for the scheduled

special election, Petitioner requests that the Commission

expeditiously review the entire petition submitted by L. Patricia

Ice and upon such review determine that the Candidate Petition of

L. Patricia Ice is deficient such that it must be disallowed and

further that Candidate Quentin Whitwell be declared the unopposed

winner of the special election in accordance with Section 23-15-

359(9), Mississippi Code of 1972.

Respectfully submitted on this the ___ day of January, 2011.

____________________________
Brent E. Southern
Attorney at Law
MS Bar # 7697

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