September 23, 2024

Carey Baker Files Appeal Following Controversial Court Ruling

2.2 min read| Published On: September 23rd, 2024|

By Cindy Peterson

Carey Baker Files Appeal Following Controversial Court Ruling

2.2 min read| Published On: September 23rd, 2024|

Carey Baker filed an appeal with the 5th District Court of Appeal following what he describes as a flawed legal ruling in his case against Mark V. Jordan. Baker expressed concerns early in the proceedings when the Judge restricted key deposition questions and admitted unfamiliarity with election law, limiting Baker’s ability to fully present his case.

The Appeals Court has approved the request for an expedited appeal.

In the original court hearing, the judge ruled that a letter of withdrawal was not legally required and that the qualifying check could come from any campaign account—decisions that Baker asserts contradict election law experts. Additionally, the Judge allowed Jordan’s late filing based on the Supervisor of Elections (SOE) office’s acceptance, per state guidance that SOE offices should not evaluate the appropriateness of candidate documents. Baker argues this created a Catch-22, as the SOE’s acceptance was given undue weight in the ruling. Baker argues that just because the paperwork was accepted, doesn’t mean the paperwork is correct, as the SOE  does not evaluate it. Baker is now hoping to overturn what he calls “nonsense” in the original decision.

Here is a recap: 

Carey Baker and Mark V. Jordan are both running for the position of Lake County Property Appraiser. The legal battle centers around the qualification procedures for the 2024 election.

Baker’s Claims Against Jordan:

Carey Baker, the plaintiff, sought to have Jordan’s name removed from the ballot. He argued that Jordan:

  1. Did not properly withdraw from his candidacy for another position (the North Lake County Hospital District Board) before running for Property Appraiser.
  2. Failed to submit his qualifying paperwork before the legal deadline.
  3. Paid his qualifying fee from the wrong campaign account, not one specifically for Property Appraiser.

Jordan’s Response and Counter-Suit:

Mark Jordan counter-sued, arguing that Baker:

  1. Failed to properly qualify as a write-in candidate for Property Appraiser.
  2. Did not file the required forms on time or make the necessary changes to reflect his decision to be a write-in candidate before the deadline.

Court’s Findings:

The court ruled that both Baker and Jordan were properly qualified as candidates and denied all requests to have either candidate removed from the ballot.

  1. Jordan was found to have properly switched from the Hospital Board race to the Property Appraiser race by filing the correct paperwork, and his qualifying documents were submitted on time, despite being processed after the official noon deadline due to the Supervisor of Elections’ office procedures.
  2. Baker also properly qualified as a write-in candidate for Property Appraiser, and the court rejected Jordan’s argument that Baker’s paperwork was incomplete or filed late.

Outcome:

  • Baker’s request to have Jordan removed from the ballot was denied.
  • Jordan’s counterclaim to have Baker disqualified was also denied.

Both candidates were cleared to remain on the ballot, Baker as a write-in candidate, for the 2024 election.

Background: 

Carey had planned to file as a write-in candidate to save his supporters from covering the $10,685.04 qualifying fee, believing he was unchallenged. However, a last-minute filing by Mark Jordan, supported by his brother David Jordan, the Lake County Tax Collector, has turned the race into a contentious battle.

“Only a friend could have betrayed me like this,” Carey says, expressing his shock at the unexpected challenge. He emphasized the need for ethical conduct in public office, saying, “We don’t want public officials that obtained office through deception and deceitful behavior.”

At the moment, Carey’s only hope at securing his long-time position is winning as a write-in candidate.

 

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About the Author: Cindy Peterson

Originally from the small town of Berryville, Arkansas, Cindy has become a multimedia specialist in journalism, photography, videography, and video editing. She has a B.S. in Communications from the University of Central Arkansas and produces Style Magazine's Sports Hub Podcast and the Healthy Living Podcast. She also produces for Beacon College’s Telly Award-winning PBS show, “A World of Difference.” When she isn’t working, Cindy loves traveling the National Parks with her husband , Ryan, and son, David, photographing wildlife.

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