Parish candidates appear in court
Published 12:05 am Tuesday, December 15, 2015
EDITOR’S NOTE: The original version of this story incorrectly identified the judge who presided over Monday’s proceedings regarding the candidacy challenges. The story has been updated with the correct information. We regret the error and are happy to set the record straight.
VIDALIA — Three prospective candidates in 2016 Concordia Parish municipal elections appeared in court Monday to defend their candidacy qualifications — one was bumped from the ballot, one was allowed to stay and one is awaiting a judge’s ruling.
Joseph Leroy “Bobo” McCoy, who sought to run in 2016 for the Vidalia District 1 alderman position, will not be allowed on the ballot.
Judge Harry Randow ruled Monday that Joseph McCoy does not meet the residency requirement to run in the March 2016 election.
Joseph McCoy had filed candidacy qualification papers listing 309 S. Spruce St. as his address. By law, aldermen candidates must reside in the district in which they have qualified for at least one year prior to the qualifying date.
Joseph McCoy represented himself during the proceedings and said he grew up in District 1 of Vidalia.
Joseph McCoy said he had been driving back and forth between Vidalia and his former residence in California to take care of his personal business there.
“As a commercial driver, I’m always going from east coast to west coast,” McCoy said. “But my driver’s license and voting card are (local) from May 2013.”
Incumbent Vidalia District 1 Alderman Tron McCoy, represented by his attorney Leo Boothe filed a petition to challenge Joseph McCoy’s candidacy, contending he only lived on Spruce Street since August 2015.
Tron McCoy said his challenge was based upon an investigation in which he elicited information from the defendant’s uncle as well as city officials.
Concordia Parish Registrar of Voters Golda Ensminger testified Joseph McCoy registered to vote in Vidalia in 2013 using his uncle’s address. She said Joseph McCoy changed his voting address to Spruce Street on Dec. 3.
Joseph McCoy’s uncle testified his nephew had not lived with him for over a year.
Joseph McCoy has not had any utilities in Vidalia in his name in the city since July 2014, said Faye Garretson, head clerk of the City of Vidalia’s utility billing office.
“While there is evidence that (Joseph) McCoy has been holding a valid Louisiana license in 2013 and was a registered voter, the evidence regarding his return to California and living there for approximately a year convinces the court that he does not meet the qualifications,” Reeves said.
Joseph McCoy said he would likely appeal the court ruling.
“I intend to proceed, even if it doesn’t go in my favor today,” Joseph McCoy said on the stand. “The timeline I was given when I was served Friday did not give me an opportunity to seek counsel or legal advice.”
Clayton Police Chief Clarence “Papa” Skipper also appeared in court Monday in a similar challenge, but will be allowed to run for re-election.
Bobby Madison, a 2016 candidate for police chief, claimed Skipper had not been a Clayton resident for a year before qualifying for the race.
Skipper submitted his notice of candidacy under 257 Loomis St., the address of an uninhabited trailer he owns.
The wife of the trailer’s previous owner, who now lives on the same street, said the trailer is currently missing a door and windows and is not in a livable condition.
Skipper said on the stand Monday he spends his nights at an address on Louisiana 900, which is also in Clayton.
Leo Boothe, who represented Skipper, said Skipper listed the trailer’s address because he intends to finish renovating it and move there.
“He was looking futuristically,” Boothe said. “He was in fact living and staying in Clayton at a different address.”
Madison’s attorney, Shameca Collins, said Skipper still should not be allowed to run in 2016 because he submitted his paperwork with the Loomis street address for the second time.
“Under penalty of perjury, Skipper signed his notice of candidacy (using the Loomis Street address) not only in this election, but the last election,” Collins said.
Randow granted Boothe’s motion for a directed verdict, saying Madison had not met his burden of proof while presenting his case.
Ferriday District A Alderwoman Somer Lance also appeared in court to defend a challenge to her candidacy by the Louisiana Board of Ethics.
Candidates for aldermen are required to certify they do not owe any outstanding fines before submitting their candidacy.
The Louisiana Board of Ethics assessed late fees for Lance’s 2012 personal financial disclosure statement, which she never submitted.
Lance said she forgot to submit the financial disclosure documents and claims she did not receive notification of outstanding fees.
“I was not maliciously signing anything knowing I owed (a fine),” Lance said.
Randow took the case under advisement.
A ruling is expected today.