The resolution of Bruce Mullins’ case against the McComb Democratic Executive Committee over a residency dispute for his primary campaign in the Ward 5 selectman’s race helps answer the question about whether redistricted residents are disenfranchised from running for office.
Mullins had filed to challenge Ronnie Brock in the May 3 Democratic primary, but the executive committee said Mullins hadn’t met the two-year residency requirement since his house, which he has lived in for 15 years, was recently moved from Ward 2 to Ward 5.
Judge James Bell of Hinds County, who was appointed by the Mississippi Supreme Court to hear the case, ruled in Mullins’ favor following a hearing on Monday, comparing his situation to someone whose property had been annexed by a city.
“Part of their right to vote, part of that franchise, is the right to run for office, if you’re otherwise qualified,” Bell said.
With the matter settled, Mullins and Brock said they are looking forward to the election.
“I feel good,” Mullins said. “The law is on our side and I can get back to campaigning.”
Brock congratulated Mullins following the hearing.
“I welcome Mr. Mullins back on the ballot,” Brock said. “Congratulations on his appeals success and welcome to the ballot.”
Senica Tubwell, the attorney for the committee, argued that not only did Mullins fail to meet residency qualifications, his filing of the appeal was also incorrect.
Tubwell sought to delay the hearing, saying he had not met with committee chair Amanda Upchurch and she only was officially notified of the case on Friday. Mullins filed the emergency petition on March 17 after Upchurch notified him he was not certified.
Mullins’ attorney Sam Begley noted that absentee voting is underway, ballots need to be printed and the hearing should be expedited, and Bell agreed.
Tubwell also argued Mullins did not pay the required $300 to file a court petition. However, Mullins said an employee from the circuit clerk’s office told him the cost was $200. Begley presented a $300 check in court to cover the cost.
Tubwell also argued Mullins did not file a petition with the committee before taking the matter to court.
Mullins said he stated his case to Upchurch verbally.
“I wasn’t given the choice, but I did argue the point,” he said.
As for the residency issue, Tubwell cited a 2020 state law that says a candidate must live in a ward for two years to run for the position.
“My client was simply reading black and white plain — the letter of the law,” he said.
Begley and Wayne Dowdy, Mullins’ other attorney, argued that McComb’s special charter does not require the two-year residency.
Bell, however, said the special charter did not exclude the two-year residency requirement, but ruled that Mullins’ continuous residency in the same home makes him eligible to run for the seat.
Begley and Dowdy also presented a 1991 opinion from former Attorney General Mike Moore that reads, “A candidate whose residency is continuous and uninterrupted may apply his previous period of residency in his former district to the period he has resided in the newly created district to satisfy the residency requirements for holding office from such district.”
When Begley questioned Upchurch about the opinion, she said, “I’m under the impression I’m supposed to follow the law and not opinions of people.”
Upchurch and Begley disagreed on how Mullins’ eligibility should be determined.
“Should I not use the code and just go by the charter?” said Upchurch.
“Yes,” Begley replied.
In addition to Mullins and Upchurch, McComb City Clerk Elisha Ford and Pike County Tax Assessor Laurie Allen also testified.
Allen said Mullins’ home was previously in Ward 2 and currently in Ward 5. “This information would be necessary for us to adjust our maps in our office,” she said.
Ford testified that Mullins paid the $10 filing fee and filled out the necessary paperwork prior to the March 1 qualifying deadline.
She said Mullins initially paid $10 to run as a Democrat.
However, three members of the committee resigned weeks before the qualifying deadline, and city officials determined that, with just days before the deadline and the vast majority of the candidates running as Democrats, that all of them would have to start the qualification process over and run as independents.
Upchurch, the lone committee member left, called a meeting the day before the March 1 qualifying deadline and appointed three other committee members, making it possible to hold the primary.
Ford said Mullins was refunded his $10 when the Democratic primary was in limbo.
“He had to come back and bring his $10 back” in order to file for the primary ballot again, she said.
Tubwell has not yet talked with Upchurch about the possibility of appealing the ruling to a higher court.
“Obviously, when we went in, I talked to my client and we expected a different outcome, but it went the other way. We respect the court’s ruling,” he said.
