Former Hinds County supervisor scores victory in Mississippi Supreme Court

JACKSON, Miss. (WLBT) – A former Hinds County supervisor challenging his 2023 election loss has won a major victory in the Mississippi Supreme Court.

On Thursday, the justices overturned the Hinds County Circuit Court’s decision to toss out David Archie’s election challenge, saying the former supervisor did not file the challenge within the 10 days allotted under state statute.

Archie appealed that decision, saying he couldn’t file his appeal on time because the Hinds County Circuit Clerk’s Office was closed due to a cyber-attack.

[READ: Services still on pause in Hinds County after ransomware attack]

The high court ruled that it didn’t have enough evidence to determine whether the clerk’s office was open and remanded it back to the lower court for an evidentiary hearing.

“The only issue on appeal is whether the circuit clerk’s office was opened or closed on September 7, 2023,” the justices wrote. “Because the evidence is insufficient for an appropriate determination regarding whether the office was closed… this court vacates the trial court’s order and remands the case for a more thorough evidentiary hearing.”

Archie is challenging his loss to Anthony Smith in the 2023 Democratic Party primary. He first appealed the decision to the Hinds County Democratic Executive Committee, which ruled in favor of Smith. He then appealed it to the circuit court. However, a special appointed judge tossed out the case because Archie filed the appeal a day too late.

Archie, though, said he couldn’t file because the circuit clerk’s office was closed, the lights were off, and the doors were locked.

Smith argued Archie could have filed his appeal that morning, rather than waiting until the afternoon. Circuit Clerk Zack Wallace, meanwhile, says he was at the office working at the time, and Archie could have contacted him via his cell phone.

Regarding Smith’s argument, justices wrote, “The public at large, including litigants, is entitled to rely on the hours during which the clerk’s office is required by law to remain open, whether that be 8 a.m. to 5 p.m., or slightly adjusted hours as published by the board of supervisors. The public is not required to anticipate an unlawful closure… when conducting business.”

The court also rejected Wallace’s claims that Archie could have called Wallace.

“Whether a courthouse or clerk’s office is ‘open’ or ‘closed’ pursuant to statute does not hinge on, or indeed have anything to do with, whether the purported filer happens to have the circuit clerk’s cell phone number.”

The Supreme Court also found flaws in the circuit court’s decision, saying that the lower court only found the courthouse was open, but did not include findings about the circuit clerk.

“Archie certainly produced compelling evidence that the clerk’s office was closed, alleging that it was locked and had the lights off and that no one appeared to be there,” the ruling states. “Wallace admits that the doors were locked to the public, and his affidavit is silent on whether the lights were off or whether any employees were present… The affidavit merely contains a conclusory statement that the office was ‘open…’ with no indication regarding how the public might ascertain that the office was open for business.”

The Supreme Court also didn’t have enough information on the drop-off basket that Wallace says was outside the office for filings to be submitted when it was closed.

“It does not detail whether the basket made clear to the public that they can conduct business on the same day through the basket, or whether the basket is secure,” the court wrote. “Indeed, it is not guaranteed that the filing of papers may ‘be effective by leaving them in a closed or vacant office.’”

“Without any of these facts, it is impossible to tell whether the clerk’s office was actually open to the public for business after it was clearly established that the doors were, in fact, locked.”

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