V I R GIN I A : IN THE CIRCUIT COURT OF THE CITY OF HOPEWELL

YOLANDA WYCHE-STOKES,

Plaintiff,

v.

Case No. CL2010-0197

CURTIS W. HARRIS, SR.,

Defendant.

PLEA IN BAR

COMES NOW the Defendant, the Honorable Reverend Curtis W. Harris, Sr., by

undersigned counsel, who respectfully asserts this, his Plea in Bar, to the instant challenge

to the election of Reverend Curtis W. Harris, Sr., on May 4, 2010 as brought by the

Plaintiff, Yolanda Wyche-Stokes. In support hereof, the Defendant states as follows:

1. That this action, which was filed before the Hopewell Circuit Court on June 1, 2010,

seeks to challenge the certified results of the Hopewell City Election for Councilor

in Ward 2, which took place on May 4,2010;

2. That neither Ms. Wyche-Stokes nor any other candidate raised any challenge at

any at time as to Reverend Harris' qualifications for candidacy or as to the conduct

of election prior to the certification of the electoral results by the Hopewell Board of

Elections on May 5, 2010. See, the Affidavit of Pamela Clark, attached hereto as

Defendant's Exhibit 1, at ,-r,-r 4, 8, 9, 12;

3. That upon tabulation of the votes cast in the Ward 2 election on May 4, 2010,

Reverend Harris was found to have received 159 votes, (50% of the total votes

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cast), Mr. Edwards received 55 votes (17.29% of the total votes cast), Mr. Sylvestro

received 56 votes (17.61 % of the total votes castka.np Ms. !V\{yche,.S.tokes received

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48 votes (15.09% of the total votes cast). Clark Affidavit, ,-] 10;

4. That at approximately 9:25 a.m. on May 5,2010, the Hopewell Board of Elections

certified Reverend Harris as the winning candidate in Ward 2 for the Hopewell City

Council. Clark Affidavit, ,-] 11 ;

5. That as the certified winning candidate of this election, Reverend Harris has taken

his oath of office as Hopewell City Councilor of Ward Two, and on July 1, 2010,

began to serve the new term of office for which he was elected on May 4, 2010;

6. That on June 1, 2010, Ms. Wyche-Stokes filed with the Hopewell Circuit Court her

Petition which is now pending before the Court;

7. That Section 24.2-808 of the Code of Virginia (1950), as amended, requires that a

contestant "shall file his complaint in the clerk's office of the circuit court within thirty

days following the date of election in the case of a general election ... A copy of the

complaint shall be served by the contestant as provided under § 8.01-296, on each contestee; otherwise the complaint shall not be valid";

8. That Ms. Wyche-Stokes failed to effect service upon Reverend Harris with her

Complaint as required pursuant to Section 24.2-808 of the Virginia Code until

Friday, July 9, 2010, some thirty-eight days after it was filed with the Court, and

sixty-six days following the election of May 4, 2010;

9. That no valid complaint is currently pending before this Court in this cause, given

Ms. Wyche-Stokes' failure to comply with the provisions of Section 24.2-808 so as

to perfect her petition within the time and in the manner required in that section;

10. That the Courts must strictly apply the deadlines imposed under Virginia's electoral

laws in determining election-related challenges. See, e.g., El-Amin,v, State Board

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of Elections, 717 F.Supp. 1138 (E. o.vs 1989);

11. That by virtue of the failure of the Plaintiff to comply with the provisions Section

24.2-808, and thereby to perfect service upon the Defendant within the specified

time so as to render her Complaint as valid, the Plaintiff is now time-barred from

proceeding further with this action;

12. That this Court must accordingly strike and dismiss the Petition filed in this cause

by Ms. Wyche-Stokes, and that it must tax all costs associated herewith against her.

WHEREFORE, on the basis of the foregoing, the Defendant, the Reverend Curtis

W. Harris, Sr., respectfully moves the Court to sustain his Plea in Bar and thereupon to

strike and dismiss this cause with prejudice, and to tax all costs associated herewith

against the Plaintiff, Yolanda Wyche-Stokes, and to grant to him such other relief as the

Court may determine to be appropriate under the circumstances of this matter.

Respectfully Submitted:

REVEREND CURTIS W. HARRIS, SR.

Henry L. Marsh III, Esquire

HILL, TUCKER & MARSH, PLLC 422 East Franklin Street Richmond, Virginia 23219

(804) 648-9073

(804) 648-2116 (facsimile)

Stephen E. Heretick, Esquire 715 Loudoun Avenue Portsmouth, Virginia 23707 (757) 397-9923

(757) 397-9925 (facsimile)

Counsel for the Defendant, Curtis W. Harris, Sr.

CERTIFICATION OF SERVICE

I certify that a true and correct copy of the foregoing, the Plea in Bar of the Defendant, Curtis W. Harris, Sr., was sent by mail to the following this Nineteenth (19th) day of July, 2010:

Ms. Yolanda Wyche-Stokes 14 A South 8th Avenue Hopewell, Virginia 23860 Plaintiff Pro Se

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V I R GIN I A : IN THE CIRCUIT COURT OF THE CITY OF HOPEWELL

YOLANDA WYCHE-STOKES,

Plaintiff,

v.

Case No. CL201 0-0197

CURTIS W HARRIS, SR.,

Defendant.

AFFIDAVIT OF PAMALA CLARK

The affiant, having been duly sworn, hereby deposes and states as follows:

1. That my true and lawful name is Pamala Clark, and that I serve as the Voter

Registrar for the City of Hopewell. In my capacity as Registrar I also serve

as the custodian of records for the Hopewell Electoral Board;

2. That on or about February 12th, 2010, the Honorable Curtis W. Harris, Sr.,

a member of the Hopewell City Council, filed with my office Petitions of

Qualified Voters in order to run for re-election. Upon examination, these

petitions were found to have been executed by a sufficient number of duly

qualified voters in Ward Two of the City of Hopewell. Accordingly, Reverend

Harris was certified by the Hopewell Electoral Board as a candidate for re-

election to the Hopewell City Council in Ward Two of this city;

3. That four candidates were ultimately certified by the Hopewell Electoral

Board for election to the Hopewell City Council in Ward Two, including

Reverend Harris, the twenty-four year incumbent of that seat, together with

Roosevelt Edwards. Jr., David W. Sylvestro, and the Plaintiff, Yolanda

Wyche-Stokes;

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4.

That neither Ms. Wyche-Stokes nor any other candidate raised any

challenge as to the sufficiency of Reverend Harris' petitions or any other

qualification prior to the certification of his candidacy by the Hopewell

Electoral Board;

5. That candidates Harris, Edwards, Sylvestro and Wyche-Stokes each

appeared on the ballot for election to the Hopewell City Council In Ward Two

for the election herd on May 4, 2010;

6. That my office remains open and staffed at all times during the conduct of

every election in Hopewell, and I am constantly available to speak with any

voter or candidate who seeks to raise any complaint with respect to

potentially unlawful or inappropriate conduct at any polling place which could

serve to inhibit or obstruct a valid election. In the event that an election-

related.complalnt is received by my office from any source, this complaint is

immediately documented and brought to the attention of the Electoral Board

and/or other appropriate authorities. All records of unresolved complaints

and the results of any ensuing investigations are duly compiled and

maintained by my office in the ordinary course of business, and become

public record. AdditionaUy, at various times during every election, members

of the Hopewell Electoral Board personally visit each polling place to observe

the conduct of election;

7. That the designated polling place for Ward Two is the Carter G. Woodson

School. This polling place opened on time on May 4,2010 at 6:00 a.rn. and

remained open continuously until 7:00 p.rn., at whicf time-all votes cast in

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that precinct were tabulated;

8. That at no time during the election of May 4,2010, did lor my office receive

any complaint from Ms. Wyche·Stokes, or from any other candidate or voter,

concerning the conduct of election in Ward Two at the Carter G. Woodson

School. I am aware that members of the Hopewell Electoral Board

personally visited this polling place repeatedly during the May 4, 2010

election, and that no member of the Electoral Board expressed concern with

the conduct of election on that date;

9. That my office has no record of any complaint or incident arising at the Ward

Two polling place on May 4,2010;

10. That upon tabulation of the votes cast in Ward Two after the polls were

closed on May 4,2010, Reverend Harris was found to have received 159

votes, ~50% of the total votes cast), Mr. Edwards received 55 votes (17.29%

of the total votes cast), Mr. Sylvestro received 56 votes (17.61 % of the total

votes cast), and Ms. WYChe-Stokes received 48 votes (15.09% of the total

votes cast);

11. That at approximately 9:25 a.m. on May 5, 2010, the Hopewell Board of

Elections certified Reverend Harris as the winning candidate in Ward Two for

the Hopewell City Council:

12. That at no time prior to the Hopewell Electoral Board's certification of

Reverend Harris as the winning candidate did Ms. Wyche-Stokes or any

other citizen file with my office any complaint or allegation regarding

Reverend Harris, or any objection with respect tq J~e s'ufficiency of his

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qualifications for candidacy, or any objection with respect to the conduct of

the election on May 4,2010.

Affiant sayeth further not.

Commonwealth of Virginia

GJ.v.co-& ~\\ : S.S.:

At Large )

SWORN and SUBSCRIBED before me, a Notary Public in and for the Commonwealth of Virginia, at Large, by Pamala Clark, who is known to as the signor hereof, this 14th day of July. 2010:

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V I R GIN I A : IN THE CIRCUIT COURT OF THE CITY OF HOPEWELL

YOLA.NDA WYCHE-STOKES,

Plaintiff,

v.

Case No. CL2010-0197

CURTIS W. HARRIS, SR.,

Defendant.

AFFIDAVIT OF RICHARD NEWMAN

The affiant, having been duly sworn, hereby deposes and states as follows:

1. That my true and lawful name is Richard Newman, and that I am admitted

to practice law in the Commonwealth of Virginia, and that at all times relevant

hereto I have served as the duly elected Commonwealth's Attorney for the

City of Hopewell;

.

2. That I am aware that the Plaintiff in the above-referenced matter, Yolanda

Wyche-Stokes, has sought appointment of a "special prosecutor" in this

cause, based upon her contention that my office was "involved" in the May

4,2010 election of the Defendant, Curtis W. Harris, Sr.;

3. That at no time has Ms. Wyche-Stokes filed with my office any complaint or

allegation contending that Reverend Harris acted in any manner which, if

true, would constitute a violation of Virginia law in connection with the

election of May 4, 2010;

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Affiant sayeth further not.

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Richard Newman Commonwealth's Attorney City of Hopewell

Commonwealth of Virginia

At Large

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