Smith v. WebsterAnnotate this Case
This election contest arose out of the November 4, 2014, general election for the circuit judge seat in Mississippi’s eleventh circuit district, subdistrict 3. Charles Webster received 3,255 votes, whereas Chaka Smith received 2,369 votes. Of the total votes cast, 390 were cast by absentee ballot. Webster received 296 of the absentee ballots and Smith received the remaining 94. After the election had been certified, Smith conducted statutory examinations of the ballot boxes. During the examinations, Smith requested to photocopy or scan the contents of the ballot boxes. The Coahoma, Quitman, and Tunica County circuit clerks denied these requests. Smith filed a petition in the Quitman County Circuit Court seeking both declaratory relief and to contest the election, seeking a declaration on whether he had the right to make copies of election documents before contesting the election. In addition, Smith argued most of the absentee ballots violated Mississippi law and were comingled to the extent that illegal absentee ballots could not be separated from legal ones. Webster successfully moved for summary judgment; the trial court found no genuine issue of material fact existed regarding which candidate received the most votes in the election. Smith appealed. Finding no error in the grant of summary judgment in favor of Webster, the Mississippi Supreme Court affirmed.