Posted on 12/06/2023 2:48:11 PM PST by grundle
CADDO PARISH, La. (KSLA) – Retired Louisiana Supreme Court Justice E. Joseph Bleich has made a ruling in the election lawsuit filed by Caddo Parish sheriff candidate, John Nickelson.
That ruling came down Tuesday, Dec. 5. The judge ruled the results of the Nov. 18 runoff election, in which Henry Whitehorn defeated Nickelson by one vote, are declared void. It was further ordered a new runoff election shall be conducted. Whitehorn’s team appealed that decision Tuesday afternoon.
The ruling states “it was proven beyond any doubt that there were at least 11 illegal votes cast and counted” and that it is “legally impossible to know what the true vote should have been.”
The ruling goes on to highlight the following irregularities that affected the outcome of the runoff election:
Two people voted twice
At least five votes case by absentee/mail-in ballots which should not have been counted for failure to comply with the law
Four invalid votes cast by interdicted persons who were unqualified voters
The judge stated “this new runoff election is necessary not only for the candidates, but also to ensure the public’s right to untainted election results.”
(Excerpt) Read more at ksla.com ...
Pretty safe bet that the judgment will be upheld.
The judge needed only 1 illegal vote and he claimed 11.
Since they don’t know for whom the votes were made, the only option is a new election.
A new election might be warranted, but what is the makeup of the court that will hear the appeal? If it is RAT dominated the Demoncrat will be summarily declared the winner, since we all know that there is no vote fraud that could possibly benefit the Party of Satan.
As everyone knows (because CNN has told us repeatedly), there is never enough illegal votes to change the results of an election. Any allegations of such fraud is a far right-wing conspiracy theory meant to discredit the always principled and moderate left. Those allegations are also evidence of white supremacy and voter suppression.
“The way to bring down the wrath of the Liberal press Establishment or the professional Liberals is simply to use the word conspiracy.”
Gary Allen “None Dare Call it Conspiracy”
The appeal will state they stole it fair and square.
I agree.
What possible ruling could an appeals court make? Could their opinion state that yes, there was fraudulent ballots but since the election has already been held and they were originally counted, the case was moot? Or maybe, yes there were fraudulent ballots but to throw those out disenfranchises the legal ballots cast in the election? I guess they could rule that it would be racist to not allow the duplicate ballots since it is possible they were cast by a person of minority status.
For the court to do anything other than confirm the lower court’s ruling, they would have to endorse fraud in the election. They would have to state that once a fraudulent ballot has been counted it cannot be “uncounted”.
https://www.ksla.com/2023/12/07/whitehorns-appeal-be-heard-by-panel-5-judges/
Whitehorn’s appeal to be heard by panel of 5 judges
By Daffney Dawson
Published: Dec. 7, 2023 at 11:13 AM CST
CADDO PARISH, La. (KSLA) - The Second Circuit Court of Appeal is set to hear Caddo Sheriff-Elect Henry Whitehorn’s appeal on Monday, Dec. 11.
Retired Louisiana Supreme Court Justice E. Joseph Bleich made a ruling on Tuesday, Dec. 5 in the election lawsuit filed by Caddo Parish sheriff candidate John Nickelson, that a new runoff election shall be conducted. Whitehorn’s team appealed that decision Tuesday afternoon.
The case will be heard by a panel of five judges: Stone, Cox, Robinson, Hunter and Marcotte.
https://louisianaradionetwork.com/2023/12/11/whitehorn-election-appeal-to-be-heard-monday/
Whitehorn Caddo Parish Sheriff election appeal to be heard Monday
Baton Rouge / louisianaradionetwork.com
Brooke Thorington
Dec 11, 2023 | 3:38 AM CST
The Second Circuit Court of Appeals will hear Caddo Parish Sheriff candidate Henry Whitehorn’s case today. Whitehorn is hoping to overturn the ruling for a new election after opponent John Nickelson challenged Whitehorn’s one-vote victory.
“The burden of proof is now on Whitehorn’s legal team to basically say how did Judge Joe Bleich get this wrong. If they can’t prove that then the appellate courts will uphold the lower court ruling,” said political analyst Scott Hughes.
Because it’s an election case and timely, Hughes expects the court will rule quickly. He said five judges will review briefings filed by both sides and question the attorneys.
“And they’re going to have to get together and take a straw vote. They’re going to have to decide who’s on what side. And so that can actually take a few days to coordinate the work of five judges. But I would say at least within 48 hours we can start looking for a possible decision,” said Hughes.
The legality of eleven ballots is being questioned in the Caddo Parish Sheriff’s race. Of those votes, two people voted twice, at least five mail-in votes were invalid, and four were cast by unqualified voters.
As for similar cases, Hughes said ironically in neighboring Red River Parish a runoff election for sheriff in 1999 was challenged all the way to the Supreme Court which ruled in favor of another election.
“So many believe there’s already a precedent set in a very similar case. So, unless the Whitehorn camp can really show something Judge Bleich did wrong, I think there’s a belief that the appellate judges might uphold this,” said Hughes.
Last week Whitehorn told the media he will take the case to the Louisiana Supreme Court if necessary.
Appeal denied for Whitehorn in Caddo Parish Sheriff race
Baton Rouge / louisianaradionetwork.com
Brooke Thorington
Dec 12, 2023 | 2:33 PM
Caddo Parish Sheriff candidate Henry Whitehorn loses his appeal as the election drama continues. The 2nd Circuit Court of Appeals upheld a lower court’s ruling granting Republican John Nickelson another election after he lost to Whitehorn by one vote in November. Political analyst Scott Hughes said it was a split three-two decision.
“And now it will be all eyes on the State Supreme Court, will somebody challenge it, and or will they hear it,” said Hughes.
For the case to advance, Hughes said you have to have to prove a new argument because this case mirrors the precedent set in the 1999 Red River Parish Sheriff’s race.
“So now for the Supreme Court to step in there really would have to a be something novel, or new, or different and there doesn’t appear to be from those previous decisions,” said Hughes.
And filing a challenge to the state’s highest court, Hughes said won’t be cheap for Whitehorn…
“He may file the application, just because it was a three-two split decision. But at the same time the Supreme Court’s very likely not to hear this now that the lower court’s ruled and that the appellate court ruled that the judge didn’t make a mistake,” said Hughes.
If filed Hughes expects the Supreme Court to render an answer sooner than later.
The run-off election will most likely be on March 23, 2024, during the state’s presidential primary.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.