Whitehorn’s appeal, Nickelson’s rebuttal heard by 2nd Circuit Court of Appeal

CADDO PARISH, La. (KSLA) - The 2nd Circuit Court of Appeal heard Caddo Sheriff-elect Henry Whitehorn’s appeal and candidate John Nickelson’s rebuttal Monday, Dec. 11.

[RELATED: Judge makes ruling in Caddo Parish sheriff recount lawsuit; Whitehorn appeals decision]

A panel of five judges heard arguments in the case Monday morning. This all comes after Whitehorn appealed a Caddo District Court decision calling for a new election.

Nickelson filed the lawsuit after losing by one vote in the Nov. 18 runoff election, claiming there were voting irregularities.

Whitehorn’s counsel said that Nickelson, by law, should’ve filed complaints about absentee ballots four days before the election, and that there’s no way to know if the contested ballots were marked for the sheriff’s race. Nickelson’s counsel said that’s unrealistic with more than 7,700 absentee ballots cast. Nickelson’s lawyers also argue that two people voting twice is enough to overturn an election with a one-vote margin.

The case was heard by a panel of five judges: Stone, Cox, Robinson, Hunter and Marcotte.

”It’s absolutely essential that we have another election so that the will of the voters is respected, and that they have the opportunity to select the next sheriff of Caddo Parish. As we heard in the courtroom again today, we know that two people voted twice and that the margin of victory in this case was just one,” Nickelson said Monday morning while leaving court.

”I am very pleased with the proceedings. I could tell that the judges were paying attention. They asked some tough questions. I believe my attorneys were prepared for those questions, and I am just pleased with the way the proceedings took place. We just got to wait and see what the outcome is now,” Whitehorn said about Monday morning’s proceedings.

The judges’ decision could come as early as Tuesday or Wednesday. Both candidates have said they will appeal to the Louisiana Supreme Court if necessary.

BACKGROUND INFO

Retired Louisiana Supreme Court Justice E. Joseph Bleich made a ruling Tuesday (Dec. 5) in the election lawsuit filed by Nickelson that a new runoff election shall be conducted. Whitehorn’s team appealed that decision the same day.