SHREVEPORT, La. (KSLA) — After a day of testimony by election officials, there’s no decision as yet on Caddo sheriff candidate John Nickelson’s lawsuit challenging the election results.

Instead, the attorneys for Nickelson and Caddo Sheriff-elect Henry Whitehorn have been given deadlines by which they must file briefs to further argue their case. Nickelson’s team has until noon Dec 2. Whitehorn’s lawyers have until noon Dec 4 to respond.

Retired Louisiana Supreme Court Justice E. Joseph Bleich is hearing the case because three Caddo District Court were recused from the case. The judge will review the briefs. His ruling then could come late next week, possibly by Friday (Dec. 8)

The lawyers for both candidates spent an hour arguing their case Thursday morning (Nov. 30) at the Caddo Parish Courthouse in Shreveport.

Nickelson filed the election challenge after losing to Whitehorn by one vote in the Nov. 18 runoff election.

THE WTNESSES

Called to testify Thursday were Sherri Wharton Hadsky, Mike Spence, Dale Sibley, Brenda Traylor and Ralph “RJ” Johnson.

• Sherri Wharton Hadskey

Sherri Wharton Hadskey, commissioner of elections for the Louisiana secretary of state’s office, was the first witness to have taken the stand Thursday.

PREVIOUS COVERAGE:Caddo Sheriff-elect Henry Whitehorn says recount shows he remains winner of sheriff’s race

Nickelson’s counsel showed documents, saying two people voted twice in the election. After reviewing them, Hadskey said, “It appears so.”

Nickelson’s attorneys say one person early voted in person then voted again on Election Day. Another sent in an absentee ballot and then voted on Election Day.

Whitehorn’s counsel pointed to the election code, saying Nickelson should’ve contested the absentee ballots at least four days before Election Day.

The court went into recess to review the documents then the hearing resumed at 1 p.m.

Hadskey said if the election is overturned, the earliest possible a special election could be held would be during the presidential primary March 23, 2024.

• Mike Spence

Caddo Clerk of Court Mike Spence was called to testify aboutvoting irregularities at election precincts.

• Dale Sibley

Nickelson’s team called Caddo Registrar of Voters Dale Sibley and focused heavily on the flaps or affidavits of 54 pulled ballots, what the issues were and why they had been flagged. Voter and/or witness signatures were missing.

Sibley said they try to err on the side of allowing a vote if the intent is clear. The registrar of voters office goes through absentee ballots and will fill out a card and contact voters if these affidavits are incomplete and ask them to correct the ballots.

Many of those flaps had an “X.” Sibley explained that in many communities people use an “X” as their signature. It’s commonly used with people who can’t write or sign their names. Sibley said they try to err on the side of the voter and interpret the intent of the voter. For example, the “X” provided as a signature.

Sibley also said if there is a problem with no signature before the election they attempt to reach the voter to “cure” the problem and provide their signature. He said if that does not happen, they can’t count the ballot.

Multiple ballots had the same witness signatures. Unless immediate family, there can be only one witness on one ballot in an election.

There were 7,781 flaps to go through. Nickelson’s team and the Board of Election Supervisors went through part of them over an hour and a half at lunch and found 51 rejected flaps that were introduced as Exhibits I and J.

Sibley went on to point out that the board has no idea who these people voted for nor if they even voted in the sheriff’s race.

As for the allegation that some people’s votes were counted even though they had died before the election, Sibley said the board does not check obituaries during the election.

Whitehorn’s lawyers called Brenda Traylor and Ralph “RJ” Johnson to testify.

• Brenda Traylor

Brenda Traylor is the governor’s appointee to the Board of Election Supervisors, which she chairs.

Whithorn’s team asked her whether anyone on behalf of Nickelson filed a challenge on election night. She said they did not receive a challenge.

And when asked about recount method, Traylor testified that she trusts the system.

Nickelson’s team asked Traylor her whether the votes without a signature that were not corrected should have been dismissed. She responded, “As much as it pains me, yes.

And when asked about 44 votes with no witness signature, she said sometimes people do not sign on the right line but that does not disqualify those votes because oftentimes, it’s a simple mistake.

• Ralph “RJ” Johnson

Ralph “RJ” Johnson is the Democratic appointee to the Board of Election Supervisors.

Title 18 calls for candidates to have poll watchers observe the counting of the votes and can file a challenge. Johnson testified that no challenge filed by Nickelson or anyone on his behalf.

Challenges are all kept on record with reason, challenger signature and board signature.

They reviewed the minutes of the Board of Election Supervisors meeting Nov. 21 where board members opened the voting machines in preparation for verification of the recount. Board members all agreed that the recount should be machine, not by hand. There was no discussion of the holidays affecting the timing, only that the recount should not be done by hand only that it should be done by machine.

Copyright 2023 KSLA. All rights reserved.