BEFORE THE MISSISSIPPI DEMOCRATIC PARTY EXECUTIVE COMMITTEE

IN RE: HOWARD SHERMAN

PETITION TO DISQUALIFY CANDIDIATE

1. The Petitoner, Sam Begley, a qualified elector of Hinds County, Mississippi, and affiliated with

the Democratic Party, hereby challenges the qualifications of Howard Sherman to be elected in the

Democratic Party Primary Election for the office of United States Senator on the grounds that he is not

now, nor will he be on the date of the primary election, an inhabitant of the State of Mississippi, and

that he does not meet other qualifications set forth in the State Party Constitution.

2. The First Democratic Primary Election for the office of United States Senator shall take place on

Tuesday, June 5, 2018, and a second primary, if necessary, shall be held three (3) weeks thereafter.

3. Art. I § 3, cl. 3 of the United States Constitution requires a person wishing to serve as Senator

to be an Inhabitant of the State of Mississippi when elected.

4. The State Democratic Executive Committee is empowered under Miss. Code Ann. § 23-15-921,

Miss. Code Ann. § 23-15-293 and Miss. Code Ann. § 23-15-1051 to hear and decide a challenge to the

qualifications of a person elected as the nominee of the Party. see Glenn v. Powell, 149 So. 3d 480, 483-

484 (Miss. 2014).

5. Mr. Sherman is a citizen and inhabitant of the State of California. Mr. Sherman has never voted

in Mississippi. In the 2018 election cycle Mr. Sherman provided his California address to make the

maximum individual campaign contribution in the amount of $5,000 to Roger Wicker, the incumbent

Republican United States Senator, who is also the Republican candidate for the seat Mr. Sherman is

allegedly vying for. On information and belief, Mr. Sherman has also made substantial campaign

contributions to then Republican Senators Trent Lott and Jefferson Beauregard Sessions.

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6. Mr. Sherman is in violation of the State Democratic Party Constitution ( particularly Article XIII

provided below) for violating party principles through donations to the incumbent Republican Senator

Roger Wicker less than a year before he seeks the Democratic nomination to oppose Mr. Wicker in the

general election:

No candidate shall be certified to run in a Democratic Primary for any office: (a) who has

not met the statutory qualifications to run for such office; (b) who is not in accord with

the principles and rules of the Democratic Party of Mississippi as set forth in the

Constitution and bylaws and the standard or principles of the Party; and (c) who will not

pledge to support the candidacy of all Party nominees at all levels running in the same

general election for which nomination is being sought. No candidate, while holding

elective office as a Democrat or as a Democratic Party official, shall be certified to run in

a Democratic Primary for any office: (a) who has participated in a primary of any other

political party within the past twelve months by either voting or running for office in such

primary; or (b) who has within the preceding four years publicly or financially supported

the election to office of any person not running as a Democrat.

7. Should Mr. Sherman secure the Democratic nomination, his previous financial contributions to

his November opponent would create an unavoidable conflict of interest. The State Democratic Party

could be left with a nominee who chose to withdraw and endorse the candidate he has already

supported financially, or worse, remain on the ballot as the Democratic nominee but refuse to actively

campaign, thereby harming other Democrats on the ballot in November.

8. The Petitioner respectfully requests that the State Committee meet with dispatch to consider

the qualifications of Mr. Sherman and his financial contributions to the incumbent Republican Senator

on the ballot in November, and, if it is then determined that he does not meet the qualifications for the

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office, prohibit him from being designated the winner of the Democratic Primary Election for United

States Senator.

Respectfully submitted, this the 19th day of April 2018.

Sam Begley
_________________________________
Sam Begley
854 North Jefferson Street
Jackson, MS 39202
Tel: 601.969.5545
begleylaw@gmail.com

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