Judge makes ruling in Caddo Parish sheriff recount lawsuit; Whitehorn appeals decision

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.”

READ THE FULL RULING HERE:

Tuesday afternoon, Whitehorn released a statement expressing disappointment in the judge’s ruling. The full statement reads:

“Of course, I am disappointed about the court’s decision to overturn the will of the people of Caddo Parish.

I was always taught that the person with the most votes wins, even if that’s by a thousand votes or by one vote. I was also taught that when we go to school and get an education, gain experience in our chosen field, and become qualified in what we do, we will have the best opportunity to be successful. But it seems as though the rules of the game are different depending on who the players are. I won the Sheriff’s race, not once but twice. My opponent conveniently chose to question the integrity of the election only after he lost, not once but twice. In elections, you should not be given a redo simply because you are unhappy with the results.

The significance of a single vote cannot be underestimated. Overturning an election because the winner won by one vote is essentially saying, ‘every vote matters, except if the win is by one.’ Despite this decision, I still believe in the constitution, democracy, the rule of law, and the notion that every vote does matter.

I am pursuing an appeal to the Second Circuit Court of Appeal, and if necessary, to the Louisiana Supreme Court. But, if we are unsuccessful at getting a reversal of the district court’s decision and forced to have a special election, my faith in God and my belief in the great people of Caddo Parish assures me that, for a third time, I will win the Sheriff’s race.”

Not long after Whitehorn released his statement, Nickelson also released a statement on the decision, saying he’s “humbled and grateful.” Read the full statement here:

“We are humbled and so grateful that the Court ruled in favor of our challenge. The Court’s ruling is a victory for election integrity, and we should all be confident that in March the voters of Caddo Parish will make their voices heard definitively on who should be the next Sheriff of our parish. I plan to work doubly hard to make sure that every voter knows why our vision for Caddo Parish as a safer, stronger community is worthy of their vote.”

Nickelson’s lead counsel, Scott Sternberg, also released a statement, saying:

“When an election is challenged it’s a very rare thing. Extraordinary, even. You’ve got to have rock-solid evidence, and we thought we had that here—fortunately, the Court agreed. In filing the challenge, John Nickelson emphasized that we must show respect to the voters and the well-meaning election workers and public servants. The Court’s reasoned opinion spells out that based just on a small sample, the judge found at least eleven (11) unlawful votes, but that there could be many more. The ruling ensures that Caddo Parish will have a Sheriff’s race that is decided by legal and lawful votes, and we expect that’s exactly what will happen in March.”

Judge Bleich was assigned to the case after three district judges were recused due to personal relationships with the parties involved.

Lawyers for Nickelson and Sheriff-elect Whitehorn presented their cases in court Nov. 30. Both parties filed post-trial briefs in early December.

• Nickelson meets court’s deadline to file brief
• Whitehorn files response brief in Caddo Parish recount case

On Nov. 18, Whitehorn defeated Nickelson by one vote. A recount was subsequently requested by Nickelson, and each candidate picked up an additional three votes, meaning the result of the election was unchanged, and Whitehorn had still won by one vote.

Nickelson then filed a lawsuit requesting a new election be held.

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