Clock runs out on Mekus plea for new canvass

Published 11:45 am Tuesday, November 29, 2011

A full canvassing of votes cast Nov. 8 for Warren County tax collector appears unlikely without a court challenge — something Republican Patty Mekus said this morning she will not pursue.

Mekus, a Republican who lost the race by 56 votes in results certified Nov. 18, mounted an effort last week to review all ballots, which were confirmed after five days of counting absentees and dozens of affidavits by hand.

Mississippi law allows candidates to request a full examination of votes within 12 days of an initial canvass, provided an opposing candidate or an opponent’s family member older than 18 is notified within three days of a requested recount.

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Incumbent Antonia Flaggs-Jones, a Democrat, returned to work today after an extended Thanksgiving holiday in Dallas with relatives. On the holiday’s eve, representatives of the Mekus campaign delivered a notice to Jones’ home and left phone messages. Officials said her return is too late to satisfy the notification aspect of the law, with today being the 11th day since the Warren County Election Commission certified the general election results.

“The statute requires the opponent be served personally or his/her (the opponent’s) family member over the age of 18,” Jan Schaefer, a spokesman for Attorney General Jim Hood, said in an e-mail late Monday in response to calls for clarification of the law.

When full recounts take place, they must be witnessed by the circuit clerk or a deputy circuit clerk. Circuit Clerk Shelly Ashley-Palmertree said conversations with the Attorney General’s Office last week had resulted in the same answer.

If complaints result over a precinct’s results, a second vote is possible. Candidates in local offices may also file a petition with the circuit clerk within 20 days after an election to have a jury trial to determine the greatest number of legal votes cast. In Mekus’ case, she’d have until Dec. 8 to do so.

Mekus, who said this morning that she will seek the tax collector’s office again in 2015, said she will advocate for changes in the state’s voting procedures, along the lines planned by the Secretary of State Delbert Hosemann, who has said he will present a report on voting in Mississippi to the Legislature during the term that begins Jan. 3. She said the tax collector’s post appeals to her desire to work with the public.

“I like the customer service angle of it and being able to interact with the taxpayers in a positive way,” she said.

Flaggs-Jones, a Democrat, won the poll vote by 101 votes over Mekus. Mekus closed the gap during the five days of counting absentee and affidavit ballots, though the incumbent emerged with 7,630 votes to the challenger’s 7,574.

Flaggs-Jones was appointed to the tax collector’s position in May 2009 by the Warren County Board of Supervisors after the retirement of 16-year incumbent Patricia Simrall. Six months later, she won a special election to the office without opposition.