Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 1 of 11

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1 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION UNITED STATES OF AMERICA VS. PLAINTIFF CIVIL ACTION NO. 4:05CV33TSL-LRA IKE BROWN; NOXUBEE COUNTY DEMOCRATIC EXECUTIVE COMMITTEE; NOXUBEE COUNTY ELECTION COMMISSION DEFENDANTS DEFENDANTS REPLY TO PLAINTIFF S MOTION FOR PERMANENT INJUNCTION FILED ON AUGUST 13, 2007; MOTION FOR SANCTIONS Come now Defendants Brown and Noxubee County Democratic Executive Committee (NCDEC) and file this reply to the United States Motion for Permanent Injunction and state the following: 1. The United States Memorandum of Law in support of its Motion for permanent injunctive relief included five declarations (Exhibits A-E) and six pictures (Exhibits F-K) in support of its argument. The declarations contain information about the August 7, 2007, Noxubee County primary elections that is mostly inaccurate, misleading, and contains misstatements and erroneous quotes. Poll Worker Training and Assignment 2. The United States stated that Ike Brown was in charge of the appointment and reassignment of poll officials. (Plaintiff s Mem. of in Support of Permanent Injunctive Relief Motion, at pg 3) As evidence, the plaintiff cited the Declaration of Greg Smith that Velma Jenkins 1

2 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 2 of 11 told him that Renee Poole informed Brown that she could not work and that Brown replaced Poole with Marie Turner. (Pl. s Ex.-A, par 6). That is an untrue statement. Ms. Jenkins is the one that recommended Ms. Turner transfer from the Earl Nash precinct to the Shuqualak precinct because of short staffing. (Def. s Ex-A, par 2). Mr. Brown merely performed an essential function to permit an election, the replacement of a manager that did not show up for work. 3. Greg Smith s Declaration also stated that Ike Brown gave directions to individuals taking custody of the bags containing the absentee ballots, including Mauriel Robinson, and that Brown directed Robinson to sign the log for receipt of his bag. (Pl. s Ex-A, par 8). Mauriel Robinson was appointed as an Election Computer Technician and it was Velma Jenkins that instructed him to sign for the bag and he got the bag from her directly. (Def s Ex-B, par 5) Ike Brown never talked to Mauriel Robinson nor gave him any instructions at all concerning the bag nor his duties as a poll official. (Id at par 6). Even if Mr. Brown had done as claimed, it would be of no significance. 4. The Government alleged that Ike Brown conducted poll worker training. (Plaintiff s Mem. of in Support of Permanent Injunctive Relief Motion, footnote 5 at pg 7) This allegation is untrue. Poll workers, Muriel Robinson, David Harrison, and Octavia Stowers, who attended the training all state that it was indeed Carl Mickens who conducted the training. (Def s Ex- B, par 3; Ex-C, par 2; Ex-D, par 2). 5. The Government alleged that Herbert Shields was directed by Ike Brown to leave the courtroom and to go instruct Circuit Court Clerk Carl Mickens to run photocopies of Ballot Accounting Report forms. (Pl s Ex-A, par 9). Mr. Shields works as a handyman for the party during the elections and only helps out with providing additional office supplies for officials. (Def s Ex-G, 2

3 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 3 of 11 par 2) He did not handle any absentee ballots and does not have the capacity to instruct the Circuit Clerk to do anything. (Id at par 3) But even if the allegations were true, it would be of no importance. 6. The Government alleged that Ike Brown directed David Harrison to sign the log evidencing receipt of the Brooksville Sub precinct absentee ballots. (Pl s Ex-A, par 10). That is untrue. David Harrison did not have any conversation with Ike Brown at all when he came to pick up the Brooksville poll bag. (Def s Ex-C, par 3). In fact, he did not see Ike Brown give instructions or directions to anyone concerning the bags or the elections; Ike, he says, was just there observing. (Id) 7. The Government alleged that poll worker Laura Samantha Dickson called Ike Brown on election day and then said He says to shut it down. (Pl s Ex-E, par 30) However, Ms. Dickson did not call or talk with Ike Brown on Election Day. (Def s Ex-F, par 2). Ms. Dickson did call Carl Mickens when a poll watcher for sheriff candidate Tiny Heard wanted to reopen the ballots after the absentee ballot review process had ended. (Id at par 3) Absentee Ballots Review 8. The Government alleged that Brooksville poll officials did not compare application signatures to envelope signatures when processing absentee ballots. (Pl s Ex-E, par 28). The Government stated poll official David Harrison told poll watchers that the signature comparisons would take place at the courthouse and that it has always been done that way. (Id) This is an untrue statement and quote. David Harrison, who has been working the polls for over twenty years, never told anyone that the poll officials do not check the signatures or that the signature reviews 3

4 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 4 of 11 takes place at the courthouse. (Def s Ex-C, par 4) The important question, which is not addressed, is what the poll managers actually did in reviewing the ballots. 9. The Government alleged that there were two registered voters named Everenna Glenn at the Brooksville poll and that the poll official ascribed an absentee ballot to the older of the two entries and counted it. (Pl s Ex-E, par 28). This allegation is untrue. There is a Everleana Glenn, born August 25, 1932 and her granddaughter, Everlena Glenn, born June 16, 1982 and they are two different registered voters. (Def s Ex-P, Ex-Q) The allegation by the Government that the Brooksville poll officials improperly accepted and counted the absentee ballot for Everleana Glenn is untrue. 10. The government also alleged that on several occasions there was mishandling of absentee ballots at the Macon Fire Station poll. The government alleges that Mr. Dickson informed workers at the polls that they were not to review any absentee ballots cast in the Circuit Clerk s office. (Pl. Ex- E. par 29). Mr. Dickson did not tell workers not to review those ballots; he informed the workers that those ballots were to be approved unless it was shown that the person who voted absentee also voted in person, which is the correct statement of Mississippi law, for any error made in the clerk s office could disqualify a vote. (Def. Ex-E, par 2) Additionally any allegation that Billie Dickson ordered a halt to the review process is patently untrue. (Def. Ex-E, par 3) 11. The Government allegations that poll watchers for white candidates were denied the opportunity to review absentee ballots and signatures at the Macon Fire Hall poll (Pl s Ex-E, par 29) were also false. There was not any poll watcher for any candidate that was prevented from observing the absentee ballot processing and/or making a challenge to any absentee ballot. (Def s Ex-D, par 5) There were, however, poll watchers who wanted to look at absentee ballots AFTER that they had 4

5 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 5 of 11 already been reviewed by the poll workers. That request was as a matter of protocol. (Id) All of the poll watchers were given the same opportunities to observe the processing of the absentee ballots and to make challenges. (Id) Ms. Stowers also states that she never told anyone that she alone made the decision on whether or not to count an absentee ballot as alleged by the Government. (Id) The Government presented no evidence as to what actually happened because, in fact, all three managers passed on absentee ballots. (Pl s Ex-E, par 8) Ms. Stowers also denies talking to Ike Brown after the Macon Fire Station poll closed and that she ordered anyone to stop processing ballots. (Def s Ex- D, par 6) Activities at the Polls 12. The Government also alleged that at the Vo-Tech precinct, the federal observers witnessed or heard Darrell Mitchell instructing Sally Pearl Taylor on who to vote for. (Pl s Ex-E, par 27.) However, the extent of Ms. Sally Pearl Taylor s assistance from Darrell Mitchell was that he only read the names on the ballot to her. (Def s Ex-J, par 1, 2) Allegations that Mr. Mitchell was instructed Ms. Taylor on who to vote for are untrue. 13. The government also alleges that Barbara Perry was observed giving assistance to a voter by directing the voter s finger and selecting candidates. (Pl. s Ex-E, par 25) Ms. Perry assisted voters who were unable to read or write and they asked her to point their finger at the different blocks as she read them so that they could make their selection. (Def s Ex-H, par 2) Ms. Perry did not make any candidate selections for any voter. (Id) 14. Another false and fairly troubling allegation by the government concerns the assertion that poll workers Hal Jenkins, Sonya Slater, and Barbara Perry cast multiple ballots on election day in the Shuqualak precinct. (Pl s Ex-E, par 12) The government does not mention in any declaration 5

6 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 6 of 11 the times of these votes or which machines those votes were cast on. The observers who witnessed these events also did not alert the authorities. In addition, if there were people casting multiple votes on the machines, the voter roll and the number of votes cast would not have matched. There is no allegation in the Government s declarations that the Shuqualak voter roll and the number of votes cast did not match. The truth is that on the morning of the election, Hal Jenkins, Barbara Perry, and Sonya Slaughter had to correct ballot print out problems with the voter machines so that they would work properly; but they did not cast multiple votes. (Def. s Ex-I, par 2, 3; Ex.-O, par 2,3,4; Ex-H, par 3,4,5) If they had done what the Government implied, they would have been subject to felony voter fraud charges. 15. The government also alleged that both Mildred Reed and Catherine Johnson made statements at the precincts saying that they had the power to overrule any decisions regarding absentee ballots and used that as a threat to overturn decisions. (Pl s Ex-C, par 2; Pl s Ex-D, par 2) However, neither Ms. Reed nor Ms. Johnson never stated to anyone that they had any such veto power or that they had the authority alone to accept or reject absentee ballots. Ms. Reed says she stated that the manager had final say over counting absentee ballots. (Def s Ex-M, par 3; Def s Ex-L, par 2) 16. The Government alleged that Catherine Johnson alone overruled the challenge of Richard Heard concerning Edtron Taylor s ballot (Pl s Ex-E, par 36). This is not true. Edtron Taylor s ballot was not rejected because it was cast in the Circuit Clerk s office an error made in the clerk s office cannot disqualify a ballot as a matter of law. (Def s Ex-L, par 4) 17. The Government alleged that at the Macon Fire Station precinct, a black male named Arthur was allowed to vote twice by poll official Octavia Stowers. (Pl s Ex-E, par 18) This 6

7 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 7 of 11 allegation is as untrue as it as absurd on its face. Ms. Stowers did allow a voter named Arthur to vote when he came back to the poll a second time because he did not receive a ballot and vote the first time. (Def s Ex-D, par 3) He had left because the line was too long and because he had not voted, he was permitted to take a ballot and vote when he returned later in the day. (Id) If this voter or any other voter had been permitted to illegally vote twice by Ms. Stowers or any other poll official, then the number of votes would have been higher than the number of voter sign-ins. (Id) The Government did not present any evidence showing a difference between the number of votes and the number of voters who signed in. 18. The Government alleged there were black voters allowed to enter the Macon Fire Station polling place and vote after 7:00 pm. (Pl s Ex-E, par 21). Again, this is a misleading account to the court of what happened. After the poll closed at 7:00 pm, there was ONE voter that had not voted yet, but was already inside of the polling place. (Def s Ex-D, par 4) She was allowed to cast her vote immediately after 7:00 pm only because she was already inside of the polling place. (Id) She was the sole voter that voted after 7:00 pm at the Macon Fire Station poll. (Id) 19. The Government alleged that at the Vo-Tech precinct, federal observers overheard a voter being instructed by Lafayette Brooks as to whom to vote. (Pl s Ex-E, par 27). This statement is misleading and infers that Mr. Brooks was providing illegal voter assistance at the polls. What actually occurred is that Lafeyounda Brooks simply and legally assisted HIS MOTHER, Lenora Brooks, by reading the ballot so she could make her selections. (Def s Ex-N) 20. The Government alleged that a black Shuqualak poll official named Tim Thomas was seen making inputs at a voting machine and when questioned by the federal observers about his activities, he appeared nervous. (Pl s Ex-E, par 13). In response, there is no black poll official 7

8 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 8 of 11 named Tim Thomas in Shuqualak. (Def s Ex-A, par 7) There is a WHITE POLL official named Tim Thomas, but Defendants are unsure as to whom exactly the Government is speaking of as well as what improper activity they are bringing to the Court s attention. (Id) Improper Interference with Federal Observers 21. The Government stated that at the Shuqualak precinct, 138 out of 348 black voters were assisted, and 38 out of 185 white voters were assisted. (Pl s Ex-E, par 23). That statement is incorrect. At the Shuqualak precinct, there were only 27 total voters who were assisted at the poll and of those, 15 were white voters and only 12 of those were black. (Def s Ex-R) This election was the first time that the current voting machines were used and an unusual large number of voters requested INSTRUCTIONS ON HOW TO USE the machines. Maybe, the observers mistook this for assistance. 22. The Government alleged that at the Prairie Point precinct, federal observers were harassed by poll officials. Specifically, they alleged that Democratic poll official Henry Lee Stewart demanded identification from the federal observers and thenafter threatened to call law enforcement personnel. (Pl s Ex-E, par 45). This statement is misleading about those events. Mr. Stewart was the bailiff for the Prairie Point poll and was approached by several voters who complained about the observers. (Def s Ex-K, pars 1-4). Mr. Stewart then properly approached an observer and asked for identification. (Id at56) When the police arrived and verified the credentials of the observer, then Mr. Stewart did not have any other contact with the observers. (Id at 6) 23. The Government alleged that poll official Octavia Stowers bullied federal observers and physically sought to obstruct observers from exercising the power to observe voter assistance at the Macon Fire Hall precinct. (Pl s Ex-E, par 46) This allegation is misleading. Ms. Stowers told 8

9 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 9 of 11 the federal observers that if the voters told them that they did not wish to have their assistance observed, then the federal observers could not continue to watch over them as they voted. (Def s Ex- D, par 8) Ms. Stowers saw federal observers attempting to watch over voters who did not require assistance. (Id) She asked them to move away. (Id) If a voter requiring assistance told the federal observer that he or she did not mind being watched, then Ms. Stowers did not interfere with the federal observer s monitoring of the assistance. (Id). The Government also alleged that Ms. Stowers told a Federal Observer that she wished that she would take her ass to the courthouse and stand around, and of which Ms. Stowers emphatically denies making that statement. (Id at par 9). Finally, the Government alleged that Ms. Stowers prevented federal observers from seeing the signatures on the absentee ballots and closed down the review of absentee ballots. (Pl s Ex-E, par 47) This allegation is also untrue. Ms. Stowers did not prevent any poll watcher or federal observer from watching the processing of the absentee ballots in any form or fashion, nor did she prematurely close down the review of absentee ballots. (Def s Ex-D, par 10) 24. The Government alleged that poll official Velma Jenkins asked Federal Observers to stay away from the voters receiving assistance, even after the voters had permitted them to observe the assistance. (Pl s Ex-E, par 49) However, Ms. Jenkins states that she did not observe any of the federal observers ask any of the voters if they could watch them, they simply walked up behind the voters and watched them. (Def s Ex-A, par 5). It was only then that she intervened and asked the observer to move to the designated place for them to sit and review the election. (Id) 9

10 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 10 of 11 MOTION FOR SANCTIONS 26. The Defendants also move this Court to enter Sanctions against the Government for submitting these misleading and false statements in its pleadings. The allegations brought forth by the Government involve activities and statements made by non-defendants that have defamed their private character and have caused them irreparable harm in the community. These misleading and false allegations by the Government were printed in the media and have understandably infuriated numerous individuals due to their misrepresentations and false accounts of what happened at the polls. Some of the allegations involved are instances of the law being broken, and yet, neither the federal observers nor the Department of Justice attorneys present at the polls and witnessing such events contacted the police! That by itself serves as proof of the absurdity of the Government s allegations. 27. This action by the Government has served no purpose other to mislead the Court as to the activities in Noxubee County and to discourage people from participating in the Democratic Party election process. Defendants request this Court to sanction and censure the Government for its irresponsible, reckless, and unethical actions to reinstall the trust of the Noxubee County population in the judicial system. It is well documented that many of the election activities in Noxubee County are performed by volunteers and that it is continually difficult to get people to assist in the election process. The harassment and intimidation activities and tactics of the Government towards these people serves as a means to destroy the Democratic Party in Noxubee Party and sends a message to similar counties. There will no doubt be an even lower voter turnout at the polls for the runoff elections and the general elections. There will expectantly be a dramatic drop in the number of people who will agree to work the polls for future elections. It is imperative that this 10

11 Case 4:05-cv TSL-LRA Document 232 Filed 08/21/2007 Page 11 of 11 Court address the allegations made by the Government and make a determination that they were made in bad faith and without appropriate foundation. This Court should then sanction the Government for its actions. st Respectfully submitted this 21 day of August, IKE BROWN and the NOXUBEE COUNTY DEMOCRATIC EXECUTIVE COMMITTEE OF COUNSEL: THE COLOM LAW FIRM, L.L.C. Post Office Box 866 Columbus, MS Telephone: 662/ Facsimile: 662/ BY: /s/ Edward L. Pleasants, III EDWARD L. PLEASANTS, III (MS Bar No ) CERTIFICATE OF SERVICE I, Edward L. Pleasants, III, hereby certify that on August 21, 2007, I electronically filed the foregoing Defendants Reply to Plaintiff s Motion for Permanent Injunction; Motion for Sanctions with the Clerk of the Court using the ECF system which sent notification of such filing to all counsel of record. /s/ Edward L. Pleasants, III Edward L. Pleasants, III wpd 11