Altus man wins court judgment
Posted on Saturday, March 15, 2008
FORT SMITH — A circuit judge ruled this week that the Franklin County Election Commission could certify Gary Zolliecoffer as the winner of the 2006 Altus mayoral election.
Attorneys in the case aren’t so certain that the end of the 16-month election dispute is in sight.
Franklin County Circuit Judge James Kennedy, in a Tuesday ruling, said the election commission would have 15 days from the filing of the court order to certify Zolliecoffer’s votes in the Nov. 7, 2006, mayoral election.
It was unclear Friday when that order would be filed.
Zolliecoffer, an Altus alderman, received 136 votes. Incumbent Mayor Veronica Post received 126.
Zolliecoffer then was disqualified, and Post was sworn in for a new term.
Kevin Barham of Paris, Zolliecoffer’s attorney, said Friday that was a usurpation of office. In that case, he said, it may take action by the state attorney general to remove Post from office.
Also, Post’s attorneys continue to argue that an Arkansas Supreme Court ruling in the case didn’t order the Election Commission to certify Zolliecoffer as the winner. It merely said the circuit court did not have jurisdiction over the issues in the dispute.
Chad Green of Little Rock, an attorney for Post, said that he and partner Adam Butler probably would appeal if the election commission certified Zolliecoffer as the winner.
“This case isn’t done for a long way,” Green said Friday.
Shortly after the election, Post filed a challenge to Zolliecoffer’s eligibility to run for office because he was a convicted felon. Then-Circuit Judge John Patterson agreed with Post that Zolliecoffer was ineligible because of a 1965 conviction for burglary and larceny.
However, the court file in the criminal case didn’t include a judgment, and Zolliecoffer’s attorney argued there was no proof of a conviction, but Patterson disagreed.
The judge ordered the commission to not certify Zolliecoffer’s votes. That made Post the winner of the election, and she was sworn in for another fouryear term.
Zolliecoffer appealed Patterson’s ruling, and the Supreme Court reversed the judge in October, ruling that the law allowed eligibility challenges before an election. Patterson had no jurisdiction to hear a post-election challenge to eligibility, the high court ruled.
The election commission met in November to certify Zolliecoffer as the winner of the election but adjourned without taking any action after learning Post’s attorneys filed another challenge. This time, they asked a judge to stop the certification, arguing the high court’s ruling didn’t include an order that the election commission certify Zolliecoffer’s votes.
The attorneys also argued that the election commission was barred from certifying the votes because the deadline for certifying the election had long past.
Barham countered that Post was in office illegally because the election commission wrongly certified only her votes. He asked Patterson to remove Post from office.
Kennedy concluded Tuesday that the Supreme Court’s ruling stood and that the circuit court had no jurisdiction over the issue.
“Therefore, there remains no further impediment to the Franklin County Election Commission in fulfilling their duties under the law and certifying the election results as per the votes cast,” Kennedy wrote.
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