Thursday, July 3, 2014

Dilbert asks to be dismissed from lawsuit

Mississippi Secretary of State Eggbert Hosemann issued the following press release:

Statement regarding Lawsuit and Primary Runoff Election***
In response to the litigation against the State of Mississippi, the Secretary of State's Office has not violated any federal or State laws and should be immediately dismissed from this litigation. Every citizen should anticipate this Agency will follow scrupulously Mississippi law, as enacted by Mississippi citizens through its legislative process.
Those include:
1. In the event the Secretary of State's Office is made aware of any person voting in both a Democratic Primary and a Republican primary, those individuals' names will be forwarded to the District Attorney and Attorney General for whatever prosecutorial action they deem appropriate.
2. The Secretary of State's Office possesses no pollbooks from either the June 3rd Primary Election or the June 24th Primary Runoff Election. We support full disclosure of pollbooks to the public in accordance with Mississippi law.
3. The Secretary of State's Office has committed no violation of the National Voter Registration Act and will not. This Agency followed federal and state law in implementing Voter ID and will continue to follow all voting laws.
4. The Secretary of State's Office requested a change in the law to require our Agency to report on Mississippi elections to the public and Legislature. As required by the State Legislature, this Office issues Election Day Reports for all elections in Mississippi. The public should anticipate a report for the June 24th Primary Runoff Election.
5. Party Primary Elections are the responsibility of the Party, not the Secretary of State. The Secretary of State's Office does not certify primary election results. The Secretary of State only receives certified results from the party in order to prepare the General Election ballot.

Sent from my BlackBerry Q10.

43 comments:

Anonymous said...

Hope Delbert will seek attorney's fees in his motion to dismiss so the State will be reimbursed.

Anonymous said...

So, basically, the CM camp is too stupid to know the correct folks to sue? Figures.

Throw crap against the wall and see what sticks/scorched earth policy here. Nothing more, nothing less.

Anonymous said...

Setting up a Rule 11.

Anonymous said...

Yep, Delbert should look for attorney's fees from McDaniel under the Mississippi Litigation Accountability Act. Unwarranted law suit.

John Pittman Hey said...

The only problem that Hosemann has is that he sent out instructions to circuit clerks to redact DOB info before publishing pollbooks for public viewing.

The suit alleges that conflicts with the federal NVRA.

IF that is so, then Hosemann might well be a proper party for the limited purpose of enjoining him from issuing those sorts of guidelines.

ASSUMING that the state law requirement to redact DOB conflicts with federal law. The 4th Circuit says it does, but we'll see what the the 5th Circuit says....

Anonymous said...

Last week when Chuck Johnson was in looking at the Hinds County votes, he took a picture of the voting rolls with names, addresses and date of birth and put these names out on twitter. If he did not take this picture, he made sure it was published under one of his twitter contacts.
How would you like this personal info out there about you? There were 10 names listed. Can't someone just send him home?

Anonymous said...

Redaction was required before production, not viewing. TPs are using those verbs interchangeably, when they are different and carry different standards.

Anonymous said...

As long as the Secretary has been alert, has made necessary inquiries, and has a log of reported violations, he has done his job. I always thought he was a good technocrat and would not be guilty of losing emails like the IRS.

John Pittman Hey said...

2:20 I don't understand what you are saying.

State law requires redaction of DOB from pollbooks before they can be shown to the public. So whether you want to purchase a copy, or just take a peek, either way, access to the document is a "public records request" and the redaction will have to be done before you can either view or copy the pollbook.

That is what is driving up the cost of the copies and dragging out the time necessary to allow public inspection of the pollbooks.

This suit claims that federal law bars the state from redacting the DOB before making the pollbooks public.

We'll see whether that 4th Circuit precedent holds up in Mississippi court.

Anonymous said...

Why is the secret Dem Cochran bribing these voters?

To distract us from BENGHAZI!

Anonymous said...

John Pittman were poll books at issue in 4th cir case? Thought NVRA dealt with records of voter registration, not records of voting.

Anonymous said...

What is substationally different between a photo and a photo copy?

Johnson broke the law acting as an agent of McDaniels!

Did these guys ever pass a Bar? Oh wait, Mike Mills probably never had to do so!

McDaniel must be either be good at short term memorization or doesn't care about the law at all as long as someone else can take the fall!.

Anonymous said...

Nice try 3:06 pm but Johnson as an agent of McDaniel willfully violated the law without a court ruling !

Anonymous said...

This ought to be a hint to the Texas boys that McDaniel's gun ain't loaded and their local counsel isn't competent.

If they have any sense of professional preservation, they'll be moseying on home!

Anonymous said...

Hilarious to see Johnson so easily get the collective Cochranite panties in a wad.

John Pittman Hey said...

3:31 - very astute of you. The requirement to redact pollbooks, per our AG, flows from the requirement to redact the registration forms. If the requirement to redact registration forms falls to the ground, there is no MS statutory authority to redact DOB from any other election record.

When I asked for that AG opinion back in 1997, my argument was that pollbooks aren't registration records, and therefore the redaction requirement shouldn't apply to pollbooks. Au Contraire, the AG replied, because pollbooks are derived from Registration records, they must be redacted like registration records.

John Pittman Hey said...

The only photos I've seen of pollbooks did have the DOB redacted with a magic marker ...

Anonymous said...

Why were photos made by non-MS residents of polling books to begin with? Is it legal for any person to view the poll books with the intent to take a photo of and distribute the voter information without regard for privacy? Does this give the TP carte blanche to gather copies of registered MS Dem voter rolls for their possibly nefarious purposes. Sounds a little sketchy in a legal sense.

John Pittman Hey said...

Yes it is legal to take a photo of a pollbook. You don't have to be a Mississippian to view public records. The real issue is that state law apparently requires the circuit clerk to redact birthday info before showing it to you.

Anonymous said...

Who the hell is John Pittman Hey?

GrungyGriftyGimp said...

Thanks,John Pittman, for your time and the info! Much appreciated.

Anonymous said...

Is there a negative correlation between the locations of the greatest range from the numbers of June 3 and June 24 elections and the locations of the Secretary of State's deployments of poll watchers? That would be a statistical test to detect possible state involvement in the fraud.

John Pittman Hey said...

8:14 - I'm an election fraud / election contest consultant up here in the Mississippi Delta. At least, I do that when elections roll around!

If you check my twitter feed, you'll see where I've been trying to explain the election law to people who are sometimes very excited and desperately in need of clarification.

I'm not a partisan in this election. I'm not a Republican or Democrat and didn't support or vote for any of the contestants under discussion.

Hope that helps.

Anonymous said...

This may be a stupid question but I can't get it straight in my mine. How does anyone know how those that cross voted actually voted? They could have voted for McDaniel. If the totals come beyond the 6000+ cross over, what would happen? A re-vote? Would only those that voted in the 2nd primary be allowed to vote or will everyone vote that did not vote in the first or second Democratic primary be able to vote? That election would get as confusing as hell . I do not see anyway that McDaniel will be declared the winner in this mess. Help me understand. How long will all this linger in courts? Also isn't McDaniel on election committee, shouldn't he be aware of more of what's going on?

Anonymous said...

1:17; Your concern is beside the point. In other words, irrelevant. The point of the challenge/investigation is to prove sufficient voting irregularities (stuff against the law) to raise the question of tossing the results. But, as you'll notice, all of Haley's Harpies are opposed to fact finding. Most control freaks are.

Pugnacious said...

Driving around the State, I've observed that "Thad" signs remain in the hood and the gated communities, but the McDaniel signs have been replaced with Retire Cochran signs. There is only one option left to retire Cachran, and that is to vote Childers. Nuff said. So, don the paper sack, hold your nose, and Vote Childers. I'd like to see more of the Barbour Be Gone signs, too.

Anonymous said...

5:18 am You can seem to see that the POINT is that you don't mount a challenge without some EVIDENCE that the election had IRREGULARITIES!

There has yet to be ONE verifiable instance of something IRREGULAR.

Crossover voting is NOT ILLEGAL nor is it illegal to solicit crossover voting.

And, the MATH indicates the heaviest turnout for Cochran was in predominantly white, affluent precincts!

When you make accusations without any facts to back them up, you're nothing but a troublemaker! And, in an election, you can add " poor loser".

Chism tried to warn you of the factors which could make his last poll inaccurate, but you either didn't bother to read the fine print or understand the implications.

All anybody had to do was compare the demographics with the ages polled and notice it was only those with land lines and GOP likely to vote polled!

A 5% lead is not all THAT hard to overcome! Especially when you consider the primary was held the second week in June.

The first couple of weeks in June are when kids are off to camp and the activities for all the June weddings are in full swing and out of school vacations and trips are taken and Sunday is Father's Day. In the metro area, IBC was also on the list of " to dos" so all would be ready for the influx of visitors.



Anonymous said...

Yep....and Thad signs are on just about every empty piece of land around here right next to the realtor signs. But didn't the Natl Realtor Association sponsor his last commercial? All that grant funding for rural housing getting those developers, contractors, and realtors mulah! Yum yum.

Anonymous said...

7:29am....AMEN! if we can not get somebody in who will fight instead of get-along-go-along, then we need to do everything we can to prevent the lobbyist-in-chief from having a tired old man to rubber-stamp his amnesty-for-aliens campaign for his client mexico and all other "conservative republican principles", who he has represented in this effort since before us dumbasses here elected him governor, TWICE! i confess that i had no idea that barbour was pimping for aliens and dems at the time and am pretty shocked now to see that he alone controls what the republican establishment in this state calls its "conservative republican principles"! that is the biggest crock of barbour that i've ever heard, seen or smelled....

ONE MORE THING: an older acquaintance (in 70s) who claims to be "best friends" with haley and also a "close friend" of thad's told a group of us a month ago that thad is in the early stages of altzheimers and that is the likely reason why he makes these insane statements like "i enjoyed doing indecent things to animals like all of you"....

in light of this and also how easily barbour manipulated the tired old man into running again when he wanted to quit, i think that there needs to be some kind of disclosure as to health, fitness-for-office, or something to prevent these senile fossils from occupying space solely for incredibly greedy lobbyists and the kin....

IMO, it is much better to have travis childers who is clearly a more known quantity than the barbour-shill who "crossed-over" and bought democrats...if the choice is between the slime doing the buying versus a guy who is voting his conscience even if i don't agree with him, i will vote against the slime every single time

barbour-world must have been really scared shit-less over a possible jim hood candidacy to make this cochran-shell run again

the choice between dem vs repub NOW in this state is just simply who do you want to get the stolen taxpayer $$$? that's it, not a nickel's difference between 'em otherwise--and i choose to keep it away from barbour the spin-doctoring snake-oil salesman and any candidate that he is "supporting"

that is all

Anonymous said...

835. Thats because most folks with landlines are probably old folks like me over 40 and still have college kids with home addresses. These young folks dont have the # of landlines we do. ....... But.....I am interested to know how you know who we voted for as two names were on the ballot. Were you just going by what we said from a robocall? Because there's NO way you should actually know WHICH republican we voted for at the polls?

Anonymous said...

It's real funny to watch this CM hack go at it. He makes his money by being a plaintiff attorney then he does a 360 and becomes a big tort reformer for political gains. Then he starts filing law suits left and right all for the cause of liberty and justice... what a hypocrite.

Anonymous said...

835 Most of us from many folks I talked to hate robocalls and are very personal with our vote. We have unplugged our landlines .....hate robocalls invasion of privacy. I would like to have the personal phone number of everyone on each campaign staff and call them at 7:59 p.m. every night. Everyone I have spoken with thinks they are an annoyance! And one of exec friends said that they gave the phone to their child and let them play punch the numbers. This must have been some young person's Idea to do this. Older folks are in the bed or taking care of young children or taking care of the elderly and the last thing we want is a damn robocall at 7:59pm from a Republican or a Democrat! With technology why don't you just email people? Hell, there's plenty of junk email on that too. Or just the old fashion way the newspaper or going door to door---you know that got people elected too--helloo? But that requires sweat.

Anonymous said...

911 I am not a dem. but would have voted for jim hood. I can say is his office has always assisted me when I needed anything done and I am NOT in any political position in any position of power, I'm "just a tax-paying voter". I did vote for Thad Cochran and several times I have called his office I am disappointed to say I have never received any assistance or return calls from his office during the last term. Its not like it was many moons ago, when my dad would pick up the phone and actually call and talk to Cochran but then again my dad donated a lot of money to Ole Miss and to Cochran I don't have the money to do that. I guess I should name drop when I called his office but since my dad is deceased I guess it would matter. Just a comment from a taxpaying voter if it matters.

Anonymous said...

McDaniels started making unsupported claims just after Thad was elected. He said 35,000 people illegally voted. He is a lwayer and doesn't let the facts get in the way of his case.

Anonymous said...

911 betcha' weren't at the ms hospital association meeting oh.... about 7 yrs ago I guess (it was not long after Obama took office and H.B.. was in office) Didn't h.b. give a speech at the Mississippi Hospital Association about how wonderful electronic health records would be and how it would help medical facilities communicate but nooooo-sir this was not a precedent to Obama health care.....no sir!!!.......And didn't we spend over 40 million (we dipped for more later) of the ARRA $ Mississippi obtained to get the "agency" on EHR and hire consultants and contractors and oh my goodness can't we use them as "creating a job" which is what ARRA wanted to do.....create jobs? Sooo was this actually creating a new job or getting some third-party rich? So was the Miss. ARRA money used as a precedent to Obama health care and we were too stupid to see it at that time? many people were asking if this was a precedent and told no it wasn't but as we all know in the Obama healthcare plan, EHR is a focus. So who was lying to the taxpayer then?

Anonymous said...

19:06 am Neither candidate ran FOR Obamacare and Childers won't either.

And, everyone knows Cochran may be failing.

McDaniel could have run an issue oriented campaign and played up age as others have been for him , with class and good manners, he chose not to do so.

Those with brains know attempts to appeal Obamacare are doomed to failure. What McDaniel COULD have run on is how to make meaningful reforms!

He didn't do that either.

McDaniel and The Tea Party could have called for a new Contract with America with legislative proposals instead of playing to anger , fear and prejudices. They didn't.

The American public has tired of having our political debate controlled by the extremists and the fearful on both sides. We want real leadership which by definition is cool headed and knowledgeable!

And, if we have to chance an appointment and rely on experienced staff for a while rather than have someone who is just singing to his choir, that's what we'll do!

Your beating a dead horse. We have spoken and there's more of us than you!

Anonymous said...

10:48 am

I am one of the few Republicans never fooled by Barbour but he wasn't on the ticket. I didn't vote for him when he was.

But,if I had to choose between Barbour and McDaniel, I'd pick Barbour as self-serving as I think he is.

I'd do it because my choice would be competence or incompetence in two self-serving candidates!

Anonymous said...

A fellow has agreed to give me a dollar for every time one of the Barbourettes uses a sentence including the words 'not one piece of evidence'. I will be a rich man by midnight.

Meanwhile, the evidence collection process rolls on like the Mighty Mississippi.

Anonymous said...

11:46 am Yes you will because there is NO evidence.

You may be trying but if you were succeeding gathering anything but rumor and innuendo, we'd all know because y'all cannot think before you speak!

And, I still am baffled that you McD's don't get that EVEN if your alternative universe existed, your boy would lose and help the Democrats keep a majority in the Senate.

You are Quixotically " tilting at windmills".

Anonymous said...

1048 yep you are right! And what contractor made millions takin' all that Katrina money? And whatever happened to "her"? And what about that big prime contractor S.G. that seemed to get ultra rich under HB? And SG still has his hands in big grant funding projects.....and are competitive bids taken when SG is a contractor? Is he a shoe-in because he's a minority for grant contracts? Plus seemed like the Katrina money moved around quite a bit and wasn't it managed by 3rd party company towards the end (after it moved out of the Economic Development Agency)?? Yeah and weren't they eager to go after the applicants right after Katrina so they can take it forward to reflect the great need of Mississippi ? Then once the money was funneled here, wasn't it hoarded and allocated very tightly to very few applicants-much less allocated than who applied for it? That way they would have a big O fat balance left to do whatever the hell they wanted to with is that correct? You can get richhhh doing govt contract work thru grant funding. Soooo how did the coastal cities' political contributions look????

Pugnacious said...

If it soothes the pain of voting Childers, as you walk into the voting booth, keep in mind that the Republican party is the Party of Lincoln. I do agree with the CM critics that associations with Palin and Cruz for example, and identifying with Ronald Reagan hurts their "conservative" image. During Ronald , the debt ceiling was raised 18 times for a 67% increase over that period. Ron Paul's endorsement of CM helped to overcome some of the fears of a return to Reagan.

Anonymous said...

Gosh Pug, next you'll be telling them there is no Santa Claus and that John Wayne made films and sold bonds during WWII and that it was Jimmy Stewart and David Niven who were the war heroes and real men!

Pugnacious said...

I was never one to sign onto Tom Brokaw's Greatest Generation meme. Or see the US Army AF terrorfliegers over Germany as "heroes" or "liberators." Charles Lindbergh was more my "hero" of WWII.



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