Ken Chambers, a candidate for Hattiesburg City Council’s Ward 1 in the upcoming municipal election, has filed a response in reply to current Ward 1 councilman Jeffrey George’s recent lawsuit that alleges Chambers is not qualified to run for the position.
According to Chambers’ response, which was filed March 22, George’s suit – which states that Chambers has not been a resident of the City of Hattiesburg or Ward 1 for the required two years preceding the day of the primary election – fails to state a claim for which relief can be granted, and should therefore be dismissed. Furthermore, the response alleges that the Mississippi Attorney General’s office recently conducted trainings and instructed municipal officials that candidates did not have to live in their ward for two years prior to an election.
George’s suit, which was filed on Feb. 26, states that according to the Mississippi Statewide Election Management System, on June 2, 2020, Chambers changed his address of residence to 8 Edna Drive, which is in Lamar County outside of the city limits of Hattiesburg. Additionally, Chambers voted in the November 2020 United States general election using that same address.
The suit also states that on April 23, 2020, Chambers formed a Limited Liability Company named Stonerock Monuments & Signs with the Mississippi Secretary of State’s Office using the address of 8 Edna Drive.
On Dec. 8, 2020, Chambers switched his voter registration from 8 Edna Drive to 801 North 28thAvenue, which is in Ward 1.
“When Chambers submitted his voter registration application, he did so with the declaration that he swore or affirmed that he ‘truly answered all questions on this application for registration,’” the suit states. “If Chambers now alleges by his attempted qualification that he, for the past two years preceding the 2020 primary and general elections, has been a resident of Ward 1 … then this contradicts his voter registration application and voter history.”
However, Chambers’ response claims that Chambers has been a resident of Hattiesburg for approximately 13 years, and was a resident for two years preceding the primary election that will be held on April 6. The suit lists four Hattiesburg addresses that Chambers has lived at for the past five years: Breckenridge Drive, Twin Oaks Drive, North 37thAvenue and North 28thAvenue.
It goes on to say that in January 2019, Chambers and his wife, Stephanie, separated, and she and their children relocated to Clinton. In March 2020, Stephanie and the children moved to 8 Edna Drive.
Upon the separation, the family mail was designated to Stephanie’s address, and Lamar County Election Commissioner Jerry Dale Denham made the change to Chambers’ alleged residential address and voter registration.
“Subsequently, Denham changed (Chambers’) residential address, mailing address and voter registration,” the response claims. “Denham violated the Mississippi Secretary of State County Elections Handbook and National Voter Registration Act by committing this act.
“The Lamar County Election Commission confirmed via certified letter, ‘Mr. Chambers’ address was moved from 124 Twin Oaks to 8 Edna Lane without receiving a confirmation card. Through our records we can find no evidence that a confirmation card was sent to or returned from Mr. Chambers.’ When (Chambers) voted on October 24, 2020, by absentee ballot for the November 2020 United States general election, (he) was not aware that his voter registration had been changed.”
The suit states that Chambers never registered to vote from the Edna Drive address, and the address used in the LLC operating agreement was temporary and was meant to be used as a mailing/business address for Chambers.
Chambers, who is represented by Jackson attorney Marcus Williams, included several pieces of evidence in his response, including but not limited to the lease contracts to the Breckinridge Drive, Twin Oaks Lane, and North 37thAvenue addresses. Also included is the residential lease agreement for the Edna Drive address, which features only Stephanie and the children.
On Feb. 12, George filed a petition with the Forrest County Democratic Executive Committee to contest Chambers’ qualifications. Five days later, the committee held a hearing on George’s petition.
On Feb. 18, the committee issued a decision upholding Chambers’ qualifications as a candidate for the election. George is requesting that the Forrest County Circuit Clerk’s office ask the chief justice of the Mississippi Supreme Court to appoint a special judge to hear and determine the petition for review.
