Bobbie graves opinion by JacksonJambalaya

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									.oct.   12~   2012 8:35AM    CONVILLE    & CONVILLE   6015848619   No. 8053   P. 2




         IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI
                                FI~ JtJ~C~ I(5TRICT

        BOBBIE M. GRAVES                     OCT 122012            APPELLANT
                                    BARBARA DUNN. CIRCUIT CLERK
                                    BY                 n.c.
                       VS.                   CIVIL ACTION NO: 251..12.563CIV


        HINDS COUNTY, MISSISSIPPI AND THE
        HINDS COUNTY BOARD OF SUPERVISORS
        and JOHN DOES 1-10                                         APPELLEES

              OPINION OF THE COURT AND ORDER AFFIRMING THE
                     HINDS COUNTY BOARD OF SUPERVISORS


               THIS CAUSE CAME ON BEFORE this Court, on October
        11, 2012, on a Bill of Exceptions appealing the decision
        of the Hinds County, Mississippi, Board of Supervisors
        denying certification of the name of Bobbie M.
        Graves as a duty qualified candidate for the office of
        County Election Commissioner in District Two (2) of Hinds
        Cou nty, M ississi ppi.

          The principle question in this case, generally, is
        whether or not the Appellant, Bobbie M. Graves,
        complied with the provisions of Mississippi Code
        Annotated, Section 23-15-213 {1972, as amendedt
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    and, specificaHy, if her failure to timely file her
    Petition with the Clerk of the Hinds County Board
    of Supervisors by the qualifying deadline on June
    4, 2012 disqualified her as a duly constituted candi­
    date for County Election Commissioner in District Two (2)
    of Hinds County, Mississippi.

       The proof in this appeal is that on June 4, 2012,
    the Appellant, Bobbie M. Graves, filed her Qualifying
    Statement {as a candidate for County Election
    Commissioner in District Two (2) of Hinds County,
    Mississippi} with the Hinds County Circuit Clerk's Office.
    The Chancery Clerk of Hinds County also serves as the
    Clerk for the Hinds County Board of Supervisors, and the
    abovementioned statute requires that candidates for the
    County Election Commissioner s hali qualify by filing
                                                II



    with the Clerk of the Board of Supervisors..."

       The Candidate Petition of the Appell~nt, Bobbie M.
    Graves, was not filed with the Chancery Clerk until June
    5, 2012, which was one day after the deadline for
    qualification for the office sought by the Appellant.



       As part and parcel of her appeal, Bobbie M. Graves,
    the Appellant, testified that she had "substantially
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    complied" with the provisions of the qualifying
    procedure set forth in the statute. Regardless, however,
    of how "well intentioned" the actions of the Appellant
    might have been----she, unequivocally, did not strictly
    comply with the statute---and; therefore, IT IS THE
    OPINION OF THIS COURT that the Board of Supervisors
    of Hinds County, Mississippi, was within its legal rights,
    and did not err by ,denying a motion to certify the
    Appellant, Bobbie M. Graves, as a candidate for County
    Election Commissioner in District Two (2) of Hinds
    County, MiSSissippi . IT IS, FURTHER, THE OPINION OF
    THIS COURT that the actions of the said Board of
    Supervisors was not arbitrary, capricious, unreasonable,
    nor contrary to the provisions of Mississippi Code
    Annotated, Section 23--15-213 (1972, as amended),

       Based upon the above Opinion, IT IS HEREBY
    ORDERED AND ADJUDGED that the actions and decisions
    by the Hinds Coun~y Board of Supervisors, in this appeal,
    are hereby AFFIRMED, in all particulars.

         SO ORDERED                   DJUDGED, on this, the 12th. day
     of October, 2012t
                            I'~l' /V1~                   

                            f
                            Richard W. McKenzie
                          Special Circuit Court Judge

								
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