SHREVEPORT, La. - Just hours after a vote recount still had him on the losing end of the Caddo Parish sheriff's race, John Nickelson has filed a lawsuit challenging the Nov. 18 election results. The lawsuit was filed before 4 p.m. with the Caddo Clerk of Court, according to a minute entry. A hearing is set for 9:30 a.m. Thursday in Caddo District Court. Nickelson has named Henry Whitehorn, Secretary of State Kyle Ardoin and Clerk of Court Mike Spence as defendants. Earlier today, Nickelson and Whitehorn learned each gained three votes in the recount, which means the victory still goes to Whitehorn. More than 7,700 mail-in votes were recounted at the request of Nickelson, who fell one vote shy of tying Whitehorn in the race for sheriff. Election night the totals were 21,620 for Nickelson and 21,621 for Whitehorn. Adding 3 votes to each candidate still gives Whitehorn a one-vote edge. Registrar of Voters Dale Sibley said one of the candidates has asked to read the flaps on the mail-in ballots, but he will have to seek advice from an attorney on how to do that since those documents include private voter information. Whitehorn attended this morning's recount conducted by the Caddo Parish Board of Election Supervisors. Nickelson was not there; however, he was represented by two attorneys. The Caddo Clerk of Court's Office is required to submit certified vote totals to the Secretary of State by 4 p.m. today. Still unanswered are the confirmations from Clerk of Court Mike Spence that two people did vote twice, having voted during the early voting process and in person on Nov. 18. Nickelson said the election needs to be determined by a court because the evidence will show the general election is “tainted with dubious votes, irregularities and a lack of procedure which necessitates review.” An initial investigation revealed there were more irregularities with in-person voting, absentee voting and mail-in voting, which impacted the election outcome, Nickelson alleges. “The apparent errors in the in-person voting process occurred across Caddo Parish and are well-documented in public records,” the petition states. As examples, the petition alleges multiple machines casting votes for two voters, individuals who were unable to vote specifically for sheriff in the election, and still other irregularities which can and did affect the outcome. In precinct 8, two votes registered for one voter after casting a ballot, and in precincts 9, 90B, 91A and 105, the total number of votes registered did not match the total number of voters casting ballots according to the poll workers’ lists of voters, according to the petition. Additionally, in precincts 13, 43, 44 and 48 voters specifically reported issues voting for sheriff and had specific questions as to whether their votes for sheriff were counted. Even more precincts reflect, via the error reports, that voters had a difficult time determining if their votes were counted, the petition states. These reports, at a minimum, affected the outcome of the election, Nickelson alleges. He also offered more examples, including two voters known to him who volunteered they were unable to properly register votes for him at Blanchard Elementary, and poll workers informed voters they had been dealing with votes not registering throughout the day. One of those voters freely admitted and/or told poll workers they voted twice. Another was noted by poll workers comparing the list of voters to the list of absentee voters. Those two additional votes could have changed the outcome of the election, Nickelson says in the petition. “The additional votes are unlawful, a substantial irregularity and clear error.” A review of public records also revealed at least four people under of orders of interdiction voted in the election. Nickelson also offered information about a voter who had voted in the same precinct for 15 years who was unable to vote because the precinct had no record of his registration. He made several phone calls to local and state officials but was not able to vote and was not told he could have cast a provisional ballot. Nickelson said this voter tried to call the registrar to find out why he couldn’t vote but was only told he would be allowed to register later. No one provided an explanation for “this man’s trouble voting.” Nickelson also pointed to “other bad acts” in influencing the election results, including an allegation some poll workers directed voters to a giveaway funded with taxpayer dollars from the Caddo Parish Commission held nearby at the Caddo Parish Early Start Center, where voters were provided food by individuals in “Whitehorn for Sheriff” shirts. “This type of unlawful influence is substantially irregular and could very well have been the difference in the outcome of this election,” the petition states. Other allegations include:
- Six voters who are listed as having voted by mail but were deceased as of election day.
- Two voters in precincts 103 and 109 voted twice, including by absentee by mail ballot.
- Fifty-one duplicate ballots were cast, in which the Board of Elections copies a ballot which it deems to be rejected in order to obtain the intent of the voters.
- In opening and counting the absentee ballots, the elections board used two machines and a ballot reading system that has a margin of error reflecting the need for a hand recount.
- The elections board did not properly adjudicate ballots with distinguishing marks or other features. Certain ballots which were marked were not removed.
- The elections board counted mail ballots which had been witnessed by people who saw more than one ballot completed by someone other than an immediate family member. Those names reveal numerous ballots that are not in compliance with the law but were counted.
Also included in the petition is an affidavit from Creighton Light, the Republican designee on the elections board, who said the board did not follow the law regarding the review of mail-in ballots for distinguishing marks, and the scanning machines are not as reliable as a hand count. “Given the affidavit from a person with significant knowledge on the subject, a hand recount would be the only appropriate way to ensure that a single vote margin was the difference,” the petition states. Nickelson said he asked for a recount of the mail-in ballots; however, the board declined to do a hand recount despite the concerns. Nickelson asked not only for the recount but to inspect the certifications or “flaps.” He was told Monday he would be allowed to see them after the scanned recount but claims that gave him little time to review but in a cursory review noted numerous deficiencies. The irregularities, according to Nickelson, include certificates of multiple voters not completed, including lacking a signature or the voter’s name itself. And many mail-in ballots were signed by the same witness who was not a family member. Nickelson said “but for these substantial irregularities, the error, fraud and other unlawful actions” he would have been elected sheriff. He wants the court to order a “full and accurate recount” by hand and order the registrar, elections board and clerk of court to perform their duties when it comes to ballot counting, undervotes, overvotes and distinguishing marks on a ballot. He also wants a neutral or third-party, non-partisan or good-government group to oversee the recount.