Mekus requests inspection of tax collector ballots Republican lost bid to replace incumbent Flaggs-Jones by 56 votes in Nov. 8 election

Published 11:09 pm Friday, December 9, 2011

Defeated tax collector candidate Patty Mekus has asked the Warren County Circuit Clerk’s Office to sift through all votes cast in the Nov. 8 general election, a request just shy of a legal challenge.

Mekus, a Republican, fell 56 votes short of incumbent Antonia Flaggs-Jones out of more than 15,200 cast in the race. Flaggs-Jones, a Democrat, had won the poll vote by 101.

In a hand-delivered letter addressed to Circuit Clerk Shelly Ashley-Palmertree, Mekus cites Mississippi law on access to public records and asked to inspect ballot boxes plus absentee and affidavits by 9:30 a.m. Monday with a committee chosen by her.

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The letter was delivered by David Gibson, a representative of Mekus’ campaign at 9:05 a.m., he said, and accepted by Chasity Lee, a deputy clerk, for Ashley-Palmertree, who was not in the office.

The law says public bodies have a business day to deny a records request. If requested records can’t be reproduced, public entities have seven working days to explain. Short of mutual agreement between parties, entities have no more than 14 working days to reproduce the records.

People denied the right to inspect or copy public records may sue in chancery court to determine whether the records are exempt from examination. Exemptions include personal financial information and data deemed a commercial trade secret.

During the five-day count, Flaggs-Jones and Mekus, a first-time aspirant for public office, kept differing totals on how many absentees were rejected. Both ended up with about 30. Absentee ballots are processed post-election in Mississippi, with poll managers tasked with throwing out absentee forms from anyone found to have voted in person.

On Election Day, Ashley-Palmertree said 709 absentee ballots had been cast and reported to Secretary of State Delbert Hosemann’s office, plus an additional 24 mailed in before an election eve deadline. Unlike prior elections, circuit clerks statewide were asked to enter their totals in the state’s elections database early. The final breakdown of votes in the tax collector’s race showed 665 counted — 358 for Mekus, 307 for Flaggs-Jones.

Mekus had tried for a full recount, but was unable to properly notify Flaggs-Jones over the Thanksgiving holiday. State law mandates opponents be served personally during formal requests to re-canvass votes. When her supporters missed a deadline Nov. 29 to initiate the process, Mekus said she wouldn’t pursue a court fight over her own contest’s results, but planned to run for tax collector again in four years to advocate for changes in Mississippi’s voting procedures.

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.