The Resolution of Election Disputes: Legal Principles that Control Election Challenges
816 So.2d 349
816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02)
(Cite as: 816 So.2d 349, 36,366 (La.App. 2 Cir. 4/23/02))
plaintiffs were presented on April 3, 2002, and all
plaintiffs were indicted except Gleason Nugent.
On April 4, 2002, Judge James Wiley signed arrest warrants for the indicted plaintiffs. Wiley was a former Assistant District Attorney under Reeves. All the arrests
were made on the evening of *352 April 4, 2002, except
one which occurred the next morning. Thus plaintiffs
were arrested on April 4, 2002, spent that night in jail and
thought bond would be set the next day, but at a hearing
on the morning of April 5, 2002, the court told the
plaintiffs that the state had requested a bail hearing. The
plaintiffs believed this was done to keep them in jail so
that Reeves' candidates could be elected with "minimum
opposition."
Judge Wiley refused to set bail without a hearing and
would not set a hearing prior to the election. When the
plaintiffs asked the court's permission to vote on election
day, the judge told them it was up to the sheriff to transport them to the polls. However, Carpenter later learned
that Judge Wiley and Reeves knew that the plaintiffs
would not be able to vote.
At the election on April 6, 2002, Phelps received 911
votes, while Nugent received 907. The plaintiffs would
have voted for Nugent, and would have gotten "many
many other votes" for Nugent. But for "substantial irregularities, error, fraud, or other unlawful activity in the conduct of the election," Nugent would have been reelected.
Some of the substantial irregularities and unlawful activities conducted by Terry Reeves and his allies included
vote buying. On March 22, 2002, Phelps bought votes by
giving James Womack $100 on an open account at the
Winni-Mart, telling Womack that persons using the code
word "Lip" **3 would be able to purchase $5.00 worth of
items. Lip is the alias of Robert Hall, Jr. who paid seven
individuals with liquor and cigarettes to vote for Phelps.
These individuals otherwise would have voted for
Gleason.
During the period for voting absentee, Thornton and
Phelps paid four individuals to vote for them. These individuals were given a ballot marked with Thornton and
Phelps' numbers, two and four, and were told that after
they voted those numbers they would be taken to the
Corner Store or Winni-Mart to purchase up to $6.00 in
merchandise. The majority of these four would have
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voted for Nugent if their votes had not been bought.
Thornton and Phelps committed these acts because they
knew Reeves would not enforce the law against them, and
knew that Reeves would enforce the law against their opponents.
On April 11, 2002, Judge Wiley recused himself and was replaced by a retired judge appointed by order of the Louisiana Supreme Court. Before the first witness testified, the
court noted that there was an ongoing investigation by the
Commissioner of Elections into alleged vote buying. The
court was requested to read and did read the provisions of
La. R.S. 18:1461 concerning vote buying. The court also
read the provisions of La. R.S. 14:119 concerning bribery of
voters, including that portion of the statute stating that in the
trial of a person charged with bribery of voters, either the
bribe-giver or the bribe-taker may give evidence or make an
affidavit against the other, with immunity from the prosecution in favor of the first informer, except for perjury in giving such testimony.
The first witness to testify was Benji Phelps. He admitted to
setting up an account at Winni-Mart with Mr. James
Womack in the amount of $100. He stated that the purpose
of the account was to provide people who were helping him
with "something to eat and drink." He denied using any
code word in order to use the account, and he indicated that
something to eat did not include beer or cigarettes. Phelps
admitted knowing Lip and **4 identified him as Robert
Hall, Jr., but *353 denied paying Lip to haul people to the
polls, and denied telling him that he had money at WinniMart to pay people that Lip was able to get to vote for
Phelps. Phelps also denied giving Lip a blue paper with the
numbers two and four on it.
The next witness was James Womack, who worked at
Winni-Mart. He admitted talking with plaintiff about the account and telling him how it was set up. However, other
than plaintiff, Womack stated he had only talked to Phelps
who "just mainly asked me what Mr. Nugent asked." According to Womack, the account was set up sometime in
March in the amount of $100, and Phelps told Womack
"there would be some people coming in and charging on it."
Womack stated that people did come in and charge on the
account, charging cold drinks, candy, beer and cigarettes.
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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