Judge dismisses Turkey Creek mayor's suit

Plaintiff seeks appeal

Turkey Creek Mayor Heather Cloud says she will appeal a ruling made by a judge in court Monday, November 17, dismissing her lawsuit that sought to overturn the town’s mayoral election, asserting her opponent in the election won by paying voters to vote for him.
The ruling came after a meeting with all of the attorneys involved in the case in the judge’s office that lasted nearly an hour.
After that meeting, near the end of the judge’s comments in court, which lasted a little over 15 minutes, he said he had been informed of allegations of “witness intimidation,” and he reminded the people in the crowded courtroom that witness intimidation is a violation of state law. He said anyone who intimidates a witness also could be held in contempt of court.
Judge Joel Davis cited in his comments in court Monday that a court case heard in Baton Rouge 16 years ago, Savage vs. Edwards, established precedent that paying for votes in an election does not nullify those votes.
Cloud’s lawsuit asserts someone with the campaign for her opponent in the the Turkey Creek mayor;’s race, who won by a vote of 110 to 106, paid four people $15 to vote for him. Her opponent in that race was Bert Keith Campbell, who has denied buying votes or any other wrongdoing.
Four affidavits obtained by Cloud, the plaintiff, were made by voters who said they were offered $15 to vote for Campbell. The lawsuit also asserts one voter was offered a bicycle and another was offered a lead position in the Turkey Creek Christmas parade.
Cloud’s lawsuit also named the Louisiana Secretary of State’s office as a defendant in the case. A representative of the Louisiana Secretary of
State’s office also was seated with the defendant and his attorneys.
Seated with Cloud and her attorney on the prosecutor’s table was State Senator Elbert Guillory. Both Cloud and Guillory are Republicans. Campbell ran for mayor without declaring any party affiliation.
Guillory said Cloud’s case is intended to reduce voter fraud, but that the judge did not permit the prosecution to present evidence, including affidavits and witness testimony, that would show “vote buying” had occurred.
Both 13th District judges, Thomas Fuselier and J. Larry Vidrine, recused themselves from the case “to avoid any appearance of impropriety.” Instead Allen Parish Judge Joel Davis presided.
The Louisiana Supreme Court appointed Judge Davis to hear the case. If the Supreme Court approves Cloud’s request for an appeal, it will be heard in the Evangeline Parish court. Judge Davis set the date for the appeal as Monday, November 24, at 10 a.m.
In a statement released the day after the hearing, Cloud said, “I stand firm fighting for justice for myself, my village, and every other candidate that may consider a run for public office in the future. I do not want to see good people continue to shy away from public office because of corrupt elections. I am not a sore loser grasping at straws as some may assume; instead I am standing up for what’s right and I’m not ashamed of it! There is a much bigger picture here. This is a matter of maintaining integrity in our election processl; this is a matter of democracy.”

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