5-judge panel reaches 3-2 decision on Whitehorn’s appeal in contentious Caddo sheriff race

CADDO PARISH, La. (KSLA) — A panel of five judges with the 2nd Circuit Court of Appeal released its decision Tuesday (Dec. 12) in the highly followed race for the next sheriff of Caddo Parish.

The judges released the decision around 12 p.m., upholding the ruling made by Caddo District Court that calls for a new election. The vote came out 3-2, with the majority upholding the lower court’s ruling.

The case is now expected to elevate to the Louisiana Supreme Court.

[RELATED: Louisiana Democratic Party says Nickelson trying to ‘take us back to world reminiscent of Jim Crow’]

Candidate John Nickelson released a statement on the appellate court’s decision Tuesday afternoon. It reads:

“Today’s ruling confirms that the serious irregularities in the November election cannot be ignored. We look forward to having a new election in March, one where every legal vote will count and all voters have confidence in a fair result. I will continue to make the case that I am the candidate best equipped to make Caddo Parish a safer place to raise our families, own businesses, and build stronger communities.”

Candidate Henry Whitehorn also released a statement. It reads:

“I believe in a fair election process and understand that every election has irregularities. The issue is whether these irregularities changed the outcome of the election, and my opponent did not prove that any of these alleged irregularities caused him to lose.

As noted by one of the Appellate Judges: “Nickelson argues the complained of irregularities in the election “could have” affected the outcome of the election. There is no allegation or proof the irregularities in this case were so pervasive a nature as to warrant the nullification of an election. Further, Nickelson has failed to prove but for the irregularities, the outcome of the election would have been different.”

We do know that the two people who voted twice are registered republicans and both served in the Republican Party leadership at some point. We also know that my opponent waited until after the results were revealed before questioning the integrity of the election, because he was willing to accept the alleged irregularities if he had won.

Despite today’s outcome, I still believe in the people of Caddo Parish. I believe in your one vote, and I will fight all the way to the Supreme Court for that one vote.”

READ THE RULING>>>

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

The appellate court judges — Jeff Cox, Marcus L. Hunter, Craig O. Marcotte, Jeff Robinson and Shonda D. Stone — heard Whitehorn’s appeal and Nickelson’s rebuttal Monday (Dec. 11). Hunter and Stone dissented with the majority opinion.

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.

”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.

Retired Louisiana Supreme Court Justice E. Joseph Bleich made a ruling Dec. 5 in the election lawsuit filed by Nickelson that a new runoff election shall be conducted. Whitehorn’s team appealed that decision to the 2nd Circuit the same day.