Judge: Melton should be on ballot

Published 12:00 am Friday, March 27, 2009

JACKSON (AP) — A judge ordered Democrats in Mississippi’s largest city Thursday to put embattled Jackson Mayor Frank Melton back on the ballot for a May primary.

Melton faces federal civil rights charges related to a sledgehammer attack on a duplex he considered a crackhouse. But the Jackson Democratic Municipal Executive Committee said it removed Melton’s name from the party primary ballot because he filed for a homestead exemption on property taxes in Texas and not Mississippi.

The mayor challenged the decision, arguing he had lived in Jackson since 1984 and providing Circuit Judge Billy Joe Landrum with utility bills and other documents to support his claim.

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Landrum, appointed by the Mississippi Supreme Court to hear the case, agreed and ruled that Melton had ‘‘overwhelmingly rebutted the presumption that his residency is in the county and state where his homestead exemption is filed.’’ Although Melton maintains a home in Tyler, Texas, Landrum said it was clear that he lives in Jackson.

John Reeves, attorney for Melton, said while he is not involved in the politics of the mayor’s race, it was evident to him that some members of the Democratic committee supported other candidates and wanted Melton out of the running.

‘‘It appeared to me as a lawyer that the only reason the committee did not certify him is political. The mayor is leading in scientific polls now,’’ Reeves said. ‘‘The committee members were supporting various candidates and they wanted him out, but it has backfired.’’

Dorsey Carson, the attorney for the Democratic committee, said the committee is glad the matter is resolved and the challenge to Melton’s residency had nothing to do with politics.

‘‘Under Mississippi law and Texas law, you can only have one domicile (home) and, before you can have a new homestead, you have to abandon the former one,’’ Carson said in a release. ‘‘That’s the law, not politics.’’

Carson said Landrum’s order ‘‘is silent on that very important legal standard of abandoning the prior domicile.’’

Reeves would not speculate on allegations that the committee was using its ruling to simply delay or derail the mayor’s campaign.

‘‘If that was the reason, then that made their action frivolous under the law and they should not be even on the committee because that committee is supposed to serve the public’s interest and not play politics,’’ he said.

Melton, 59, a former television executive who made a name for himself with a tough-talking opinion segment, is seeking a second term while awaiting his second federal trial on felony charges related to the sledgehammer raid. He remains popular with many residents, but some believe his legal problems have hurt the capital city.

McInnis testified Wednesday that the committee just looked at Melton’s residency, driver’s license and voter registration information in making its decision. However, under cross-examination, he acknowledged that ‘‘now we know’’ Melton has a Mississippi driver’s license rather than one from Texas and that he is registered to vote in Jackson.

McInnis still said it was Melton’s burden to prove his residency and he failed to do so and even lied when he told the committee he filed his homestead exemption in Mississippi.

The Mississippi Supreme Court has ruled that homestead exemption is a consideration for determining a candidate’s residency but is not conclusive. The court said, as recently as 2007, that proof of a person’s living arrangements should also be considered.