Nettie Davis’ Attorney Asks A Circuit Court To Rule An Election Law Unenforceable
Davis is accused of violating a state law banning raffles, or contests offering cash prizes to encourage people to vote
TUPELO, MISS. (WCBI) – The attorney for a Tupelo City Councilwoman says the district attorney will seek an indictment against his client, accused of violating state election law.
The attorney for Councilwoman Nettie Davis is also asking a circuit court to rule that same election law unconstitutional and unenforceable.
‘What we will do is give this money away the day after the voting is over.,” said Davis on a FaceTime video from June.
That clip from a Facebook Live video only days before municipal elections in June, reportedly shows Councilwoman Nettie Davis, promoting an election raffle that would award cash prizes to people who voted in the election.
The video went viral, and District Attorney John Weddle, along with Secretary of State Michael Watson, said they would work together on the case, to see if there was any violation of election law.
A state statute says it is unlawful for anyone to put up, or offer any prize, cash award, or other item of value to be raffled, drawn for, played for, or contested for to encourage someone to vote or refrain from voting in any election.
“Now when you see that, on social media, or being talked about in the community, it’s up to us, to make sure people understand the law, and then to apply the law aggressively,” Watson said, during an interview in June.
In a complaint filed with the Hinds County Circuit Court, Attorney Jim Waide, who represents Davis, contends the state law his client is accused of violating is unenforceable and unconstitutional.
The complaint, which names Secretary of State Watson as a defendant, also states that District Attorney Weddle plans to seek an indictment against Davis during the September Grand Jury session.
” My concern was the very fact of an indictment is highly embarrassing for Ms. Nettie, twenty years in elected office, she’s trying to be a model citizen, do everything right, in fact when she heard there was some statute prohibiting what she was doing, she didn’t go forward with it, she didn’t conduct the drawing,” Waide said.
District Attorney Weddle could not comment on the case. The Grand Jury is set to meet next week. In the meantime, Davis’ attorney, Jim Waide is hoping a favorable ruling from the Hinds County Circuit Court would render the election law unenforceable.
A conviction for violation of that state law would mean removal from office for Davis.
Waide has also asked the court to rule that Davis could not be removed from office, because doing so would violate the US Constitution.
