What did the judge rule in the Caddo Parish Sheriff lawsuit? Here's what you need to know
Retired Louisiana Supreme Court Justice Joseph Bleich has made a ruling in the lawsuit over the contested election results for Caddo Parish Sheriff.
On Dec. 5, Bleich ruled that the results of the Nov. 18, 2023, runoff election be declared void and that a new runoff election be conducted.
The judgment states, "it is further ordered, adjudged, and decreed that a new runoff election for the office of Sheriff of Caddo Parish, State of Louisiana shall be conducted between candidates Henry Whitehorn and John Nickelson, in accordance with the law, and in accordance with the protocols and schedule of the Secretary of State of the State of Louisiana."
The ruling said the runoff election proved to have at least 11 illegal votes cast and counted. These illegal votes make it legally impossible to determine a true vote.
Shreveport Attorney and Shreveport Times contributor, Royal Alexander said, "Judge Bleich's ruling today is not surprising. Louisiana law clearly allows for a new election to be ordered when the outcome of an election cannot be determined. Judge Bleich pointed to 11 defective votes, which obviously exceed Chief Whitehorn's 1-vote margin of victory. I anticipate Mr. Whitehorn will appeal the decision."
Background on this case
On Nov. 18, Whitehorn and Nickelson participated in the runoff election for Caddo Parish Sheriff which resulted in a one-vote margin. Whitehorn received 21,621 votes while Nickelson received 21,620.
A recount was performed Nov. 27 on the absentee ballots for the runoff due to the one-vote margin. The recount resulted in an additional three votes given to both candidates, ultimately leaving the outcome unchanged with Whitehorn ahead by one vote.
Shortly after the recount, Nickelson filed a lawsuit outlining a number of allegations of irregularities in votes during the runoff election.
Nickelson named Henry Whitehorn and Louisiana Secretary of State Kyle Ardoin in the lawsuit. Nickelson asked the Caddo District Court to declare a victor or order a new election.
Bleich asked Nickelson on Nov. 30 to provide a brief for the petition and for it to be filed by noon Dec. 2. Following that filing, Whitehorn's counsel was granted two days to respond.
On Dec. 4, Whitehorn's counsel filed a brief in response.
On Dec. 5, Bleich made a ruling ordering a new runoff election between Whitehorn and Nickelson.
Nickelson's response to the ruling
John Nickelson said,
"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 attorney Scott Sternberg also released a statement Tuesday on the ruling:
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.
Whitehorn's response to the ruling
Whitehorn released this statement to the media Tuesday afternoon:
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.
More: Henry Whitehorn files response to John Nickelson's brief in Caddo sheriff election lawsuit
Makenzie Boucher is a reporter with the Shreveport Times. Contact her at mboucher@gannett.com.
This article originally appeared on Shreveport Times: Will there be a new election in the Caddo Parish Sheriff lawsuit?
