Appeals court orders new election in controversial Caddo Parish Sheriff's race

(The Center Square) — The Caddo Parish Sheriff's race remains undecided and may head to the Louisiana Supreme Court following an appeals court ruling this week.

A five-judge panel with the Second Circuit Court of Appeals upheld a lower court ruling ordering a new election on Tuesday in a 3-2 decision on Tuesday, finding Republican candidate John Nickelson proved two people voted twice and four others who cast ballots were ineligible.

Democrat Henry Whitehorn was initially declared the winner in the sheriff's race with a one-vote margin in a Nov. 18 runoff with more than 43,000 votes cast. A recount on Nov. 27 did not change the result.

Nickelson filed a lawsuit with allegations of irregularities that convinced a lower court to order a new election, a decision upheld by the majority on the appeals court panel on Tuesday.

"Considering the one-vote margin between the candidates, the invalidation of these six votes is alone sufficient to make it legally impossible to determine the result of the election," Judge Jeff Robinson wrote.

"Today's ruling confirms that the serious irregularities in the November election cannot be ignored," Nickelson wrote in a Tuesday statement. "We look forward to having a new election in March, one where every legal vote will count and all voters have confidence in a fair result. I will continue to make the case that I am the candidate best equipped to make Caddo Parish a safer place to raise our families, own businesses, and build stronger communities."

Whitehorn is vowing to appeal the decision to the Louisiana Supreme Court.

"I believe in a fair election process and understand that every election has irregularities. The issue is whether these irregularities changed the outcome of the election, and my opponent did not prove that any of these alleged irregularities caused him to lose," Whitehorn said in a statement.

"Despite today's outcome, I still believe in the people of Caddo Parish. I believe in your one vote, and I will fight all the way to the Supreme Court for that one vote."

Louisiana's status as the only state with paperless touchscreen voting machines that do not produce an auditable paper trail complicates efforts to ensure accurate results. Secretary of State Kyle Ardoin has worked to comply with state law requiring new machines.

That effort has twice stalled, though Republican First Assistant Secretary of State Nancy Landry, who won her November runoff to replace Ardoin, has vowed to procure a new system that will provide "a way for the voter to verify the accuracy of their vote before they cast their ballot, and a way for our office to conduct an audit after every election."

Retiring Caddo Parish Sheriff Steve Prator, who supports Nickelson, has told the media a new election would provide a "clean slate" for voters to reconsider their options.

He has likened the department to a $70 million corporation and said that despite Nickelson's lack of law enforcement background, he has the leadership qualities necessary to manage roughly 600 employees.

Regardless of the outcome, Prator has vowed to welcome the winner and provide the support necessary for a successful transition.