Monday, July 14, 2014

McDaniel goes to Supremes

Chris McDaniel filed a writ of mandamus with the Mississippi Supreme Court:



42 comments:

Anonymous said...

Was WLBT interviewing Steffey in a sauna? He looked rough. I have never understood why WLBT and other stations continue to go to Steffey for every legal issue. Nothing against Steffey, but MCLAW has other equally qualified professors.

Anonymous said...

Looks like Obama and his cronies are not the only people that are ignoring the law of the land and changing the law to fit their needs at the moment.

Anonymous said...

Did Senator Cochran nominate Judge Roger Clark also.
Or did Governor Haley Barbour appoint him as judge.
Got to me some connection for da' judge to ignore the law.

Zorek Richards said...

if I am understanding the petition correctly the problem seems to be indicated on page 12 and has to do with "birth dates." This seems to me is more of a petition against an existing law or some action by the Secretary of State, but wouldn't remedy anything that would have to do with ballot counting or verifying. At best, it would suggest some grandiose conspiracy to allow under age voters to vote.

Anonymous said...

McDaniel's petition reeks of butt-hurt candidate grasping at straws. Apparently he expects to find the 15,000 illegal votes he needs in the trunk of circuit clerks car.
McDaniel needs to reevaluate his advisors, both political and strategic. Throughout the campaign and the aftermath, McDaniel has continuously made the amateur politician’s mistake, and it shows in one bad decision after another. McDaniel continues to surround himself with people who have fully bought –in to what he is selling. Anyone with brains knows that to win an election, or to lose with one’s reputation intact, a candidate needs objective advisors, not disciples. McDaniel has no objective advisors capable of saying “Hey Chris, you are completely alienating yourself and if you continue on this course, no one will be able to take you seriously ever again; and frankly you look like a butt-hurt crybaby.” The advisors he has are apparently blind to the damage this course of action has taken on McDaniel’s future political career. I am not saying that one should not employ supporters, but everyone knows at this point that Mitch Tyner, who I have a lot of respect for, is drinking the Kool Aid. McDaniel should have said “Mitch, thanks for putting that giant sign on your building and risking alienating a whole bunch of would be clients, but I think I need someone a little more disinterested in the outcome to advise me on this one.”
I just hope that when this is all over, McDaniel’s reputation isn’t the only one completely ruined.

John Pittman Hey said...

The fly in the ointment in all this is, that poll books are not in the ballot boxes.

So arguably, they aren't subject to the candidate's right under 23-15-911 to inspect the "contents of the ballot boxes."

All of which just shows the shortsightedness of the legislature. They gave candidates special access to the most sensitive election materials possible - the ballot box contents - but they forgot to provide any access to candidates to other election records which are stored elsewhere.

This wasn't a problem before the legislature decided to remove election records from the public and require their redaction before the public could inspect them.

This leaves a candidate without crucial information that he needs to decide whether to file a challenge or not.

I complained about this way back in 1997 to the AG's office, but they blazed ahead with it anyway.

Now what we have is a huge mess on our hands, with a candidate being hog-tied in his ability to get the election record information he needs to go forward with preparing an election challenge.

Frances said...

anonymous said...McDaniel's petition reeks of butt-hurt candidate grasping at straws.

So, you know the smell of "butt-hurt"?

Anonymous said...

It sounds to me like McDaniel has a stronger case to see unredacted ballots than True the Vote does in their case. Mississippi's statutory scheme seems to give the actual candidate access to unredacted poll books, but some guy off the street (or some interest group like True the Vote) can only see books with birth dates redacted. Seems reasonable to me.

I say let him see the unredacted ballots. He's going to lose regardless, the votes just aren't there.

Anonymous said...

Maybe it's just me, but I can't open the link? Any other site? Tried WLBT, not on there (that I have found yet).

Thanks.

Anonymous said...

Still waiting to hear from Melanie on who called her at 1 AM.

Anonymous said...

7:39
You can access the petition on the Mississippi Judiciary webpage: https://courts.ms.gov/index.html

If you can’t follow the link, just google Mississippi Judiciary and you will see it. Once there, click on “general docket” under quick links on the right side of the page. From there, enter “2014” for case year and “0967” for case sequence

Anonymous said...

So how big a deal is this birthday redaction issue anyway? Not that many people voted in the Democratic primary to begin with- there can't be that many who have the same name as someone who voted in the Republican primary run-off.

The birthday redaction issue may be a big deal in an election decided by 50 votes, but it's not in one decided by 8000 votes.

Anonymous said...

So McDaniel wants to release my name, address and birthdate publicly. Thanks! I was just hoping the govment would be that.

Anonymous said...

Thank you 8:09.

Anonymous said...

If I thought it would make him be quiet, I'd say go ahead.

But because I don't, I'd rather him go back to the State where he's going anyway and work on fixing that.

Sorry, tired of this sucker. My judiciary sense is gone.

Anonymous said...

You guys should watch a movie entitled, ' The Campaign'.
It's hilarious and will provide much comedic relief.

Anonymous said...

@8:31 PM states, "The birthday redaction issue may be a big deal in an election decided by 50 votes, but it's not in one decided by 8000 votes."

Not so fast. The burden of proof is on McDaniel. Without voters' birthdates, a simple way to prevent McDaniel from meeting that burden is for opposing counsel to allege at trial that some or even many of the votes the McDaniel campaign says were illegal crossover votes were in fact different voters having the same or similar names. Thus, without voter birthdates, the McDaniel campaign cannot prove whether there were any illegal crossover votes.

Anonymous said...

By pissing off one important official in each of the 82 Counties, the Circuit Clerks, McD has guaranteed he has no way back in Mississippi politics.

Anonymous said...

You know, there are good reasons that stuff gets redacted.

And, I swear, if all of this mess ends with the Tea Party sending me a yearly birthday card, I am suing somebody.

John Pittman Hey said...

It doesn't matter how many people voted. The pollbooks contain ALL the voters - not just the ones that voted. Therefore, ALL the DOBs have to be redacted, even if only a few people voted.

It's the time and cost of redacting almost a million DOB's from all 82 counties' pollbooks that is the problem.

Anonymous said...

Everyone seems to accept as fact the notion that crossover voting is illegal. NOT SO FAST! No one ever reads the law that supposedly prohibits it. The law says that you cannot vote in more than one partisan political primary election on the same "day." It is a misdemeanor to do so. The AG's office issued an opinion many years ago stating that since the second primary was a continuation of the first primary, the second primary should be considered as occurring on the same "day" as the first primary, thus, making crossover voting illegal. Too many people accept any opinion of the law that the AG renders as the gospel. However, that is not the case, the AG's opinion is just that, his opinion, his interpretation of the law. The AG's opinion is legally binding on no one. It does not carry the same weight as a court ruling. No court has ever been called upon to interpret the statute that supposedly prohibits crossover voting and no one has ever been prosecuted for it. If the AG's interpretation of the law is correct, then it seems to me that logic dictates that if an individual didn't vote in the first primary, he/she would be prohibited in voting in the second primary.

Anonymous said...

Thanks "Not So Fast," everyone else missed the Matt Steffey interview on Mississippi News Now at 4:30, 5:00, 5:30, 6:00 and 10:00 where he said that.

Anonymous said...

Another red herring being drug across the path by crybaby CM. The birthdate is not at all needed to determine whether or not a voter cast a vote in either primary. The poll books are available (they are outside the ballot boxes, JPH, so they don't take an examination of the box by a candidate)- and have always been available to candidates to prepare for runoff elections.

CM had his loyalists in the courthouses on June 5th looking through the poll books preparing for the runoff. They had access to the books - just couldn't copy them because of the birthdate issue.

Now, they have had the same access - but they want to copy them. Thus they have to have the birthdate redacted. What is needed to prepare for a challenge would be the copies to be able to prove anything. But the birthdate does nothing about deciding who is who - the voter's ID number is there, along with address. There aren't that many people that have the same or similar names with the same address. Forget the birthdate - its not needed.

Except to try to continue to smell up the issue for public consumption - dragging that dead red herring along the public/social media path.

Esquire Watch said...

True. Matt Steffey always looks like he just either ran a marathon (as fat as he is) or spent a week sleeping in Smith Park in a two man tent with a vagrant. Why these media people, including Supertalk, go to him for commentary is beyond me.

He's obviously beyond biased on the Cochran debacle. He even went so far as to add that 'people are tired of all this' when offering his so called legal opinion. I called to tell him that it's beside the point that people 'might be tired of it' as that has no relevance to a legal ruling. He agreed, but painfully.

Please find somebody else out there as a go to guy or at least rotate them. And insist that this guy at least wash his hair if he's going to be on camera.

Anonymous said...

1-taking photos of a bedridden dementia patient-(invasion of privacy). ok because it proves my point

2-being "let" into a courthouse the night of the election to check on the ballots (trespassing)- ok because they werent "doing anything"

3-we want access to the entire voting records not just what state law allows (again, privacy)

What's next? Having who we vote for be public record? There is NO way to prove how individuals voted. This person wants me to believe that he stands for individual freedoms and conservative principals and then has operatives violate privacy, "go to the courthouse", and now wants to know if I voted?

It sounds more like a page right out of North Korea!

Anonymous said...

@6:42 AM..obviously you have not been to or understand North Korea otherwise you wouldn't have said something that stupid.

Noticing Idiots said...

So, to recap, we now have two more very important reasons for the McDaniel people to stand down and shut up:

1) Matt Steffey said (on Supertalk) that 'People are tired of this and do they really want to endure two more weeks of these ads that a new election would cause?'

2) John Pittman HEY HEY HEY (with my best Fat Albert impersonation) reminds us that redaction is the law and it would really be a chore to redact all these birthdates.

Is that sorta like, "Man, why do we want to give this obviously guilty guy a trial when it would cost our county so much and we already got a rope ready?"

Anonymous said...

Mr. Hey, thank you for explaining why McDaniels is having difficulty getting the information he needs. After this fiasco, I think ALL Mississippians need to demand that our election laws be reviewed to insure FAIR elections and elections that are truly BY THE PEOPLE. Gaming the system by ANY CANDIDATE or POLITICAL PARTY is repugnant because a fraudulent ballot cancels out the legitimate ballot of a real constituent. Republicans should only vote in Republican Primaries and Democrats should only vote in Democrat Primaries. I would include the ability for citizens to WRITE-IN candidates on their ballots, if necessary, and a mechanism for dead people and illegals to be removed from the voter rolls. VOTING is the only way a citizen has to effect change—in our governments, laws and communities. If we don’t have integrity in our elections then we have nothing. Whether you admit it or not, this Senate runoff election was tainted. Although it is unlikely we’ll ever know the truth, I will always believe voter fraud occurred. BTW--if you think dead people on voter rolls and crossover voting is our only election problem, check out what illegal immigrants will do to our elections if we don’t address the problem: http://www.breitbart.com/Big-Government/2014/07/14/Judicial-Watch-AEF-File-Brief-Supporting-Arizona-Kansas-Efforts-to-Stop-Voter-Fraud.

Anonymous said...

7:47 am Breitbart isn't a reliable source for the rational.

And, I'm seriously questioning some of the reading comprehension abilities of those weighing in.

The redacted information is not relevant to a candidate's ability to insure that the voting was fairly conducted.

Saying it is doesn't make it so.

Ironically, the ONE person he found, Ms Waid, didn't present a problem.

On the other hand, allowing carte blanche access to the personal information of voters is relevant as it speaks to the basic right of a citizen who votes to not be in a position to be harmed by harassment or retaliation by exercising their right to vote.

We are an open primary state for a reason. Mr. Daniel choses to ignore those reasons and ignore the precedents in the law inconvenient to his petition.

There is no question that a person who didn't vote in the first primary can vote in the run off.

Please try to remember that sentences and even paragraphs don't always stand alone but are usually in a larger context. Please try not to be so literal!

But, I suppose , he's hoping to get more national attention and stir up the 26.2 % of mentally ill and the 25% with IQs under 90 and whatever percentage of the 74 million illiterates who hear him on television or radio.



Anonymous said...

7am. In North Korea, one does
not question the leader no matter what they do. (courthouse, photos). North Korea also controls the vote- knowing exactly how everyone votes. Our system has a secret ballot for a reason. Wanting full access to know if i voted is just one step removed from knowing who i voted for- and making assumptions that all those "democrats (tp speak for black)" stole the election for Cochran is exactly what they infer by their speech.

NK also squashes rights of others in order to maintain power. In our society one should be squashing rights of others to gain political power


like I said, these tactics are just like North Korean rule


oh yeah-i forgot- silence and ridicule those with opposing viewpoints. just like your response to this post Im sure

Anonymous said...

What's the betting that McD, not having found significant crossovers, a handful, and just a normal amount of innocent poll worker mistakes (half a percent at very best), will be forced to finally concede at the Wed. press conference? Will Mitch Tyner risk Pleading himself into Rule 11? Esp when required to plead fraud "with particularity"?

Anonymous said...

Looks like PPP did some polling over the weekend in MS. Haven't seen the Cochran/Childers #'s, but the good senator from the "Free State" now has numbers worse than President Obama at 29 Favorable 52 Unfavorable

Anonymous said...

7:47 You make several valid points that I am sure would get near-unanimous support from those concerned about free and fair elections, no matter who they supported recently.

Unfortunately, for the past four years, the Chairman of the Senate Committee on Elections has introduced ZERO bills to make these needed changes. Instead, he has made other things his priority, such as introducing legislation to provide free car tags for our handful of surviving WWII vets (probably none of whom are still driving). But he failed to persuade his fellow legislators to pass that legislation. You should ask him why he allowed these "flaws" in out election laws to stand, since he is the guy with the power to change them. I think he gets his mail at a bunker hidden deep in Jones County.

Anonymous said...

On the other hand, allowing carte blanche access to the personal information of voters is relevant as it speaks to the basic right of a citizen who votes to not be in a position to be harmed by harassment or retaliation by exercising their right to vote.

You are spot on. Sites like Free Republic (populated by people who make McDaniel supporters seem reasoned and diplomatic) have already published images of what are alleged to be pages from a pollbook in Hinds County, complete with name, addresses and other identifying information that wingnuts could use to harass someone.

Anonymous said...

9:00 am I could just as easily say you aren't questioning your " leader", McDaniel, and that you are trying to squash the crossover vote.
I could also point out that like the N.Koreans, your chosen leader is giving you misinformation and creating irrational fears.


But,here's the reason your analogy is nonsense...

Hoseman was elected. Clerks of Court are elected. They were not appointed nor are they followers of some supreme leader.

Comparing this to anything in N. Korea is beyond ridiculous...and the operative word is " beyond".



Anonymous said...

Concede???? I don't expect that at all, I'm thinking a war down to the bloody end. God help us all.

"FIRRRRSHHHHCAL RESSSSPOONSSHHHIBBBILLLITTYY, YALL!!11!!"

John Pittman Hey said...

DOB information is most definitely necessary to conduct a thorough investigation of an election.

FOR EXAMPLE: last January, I helped overturn an election for Mayor. In that investigation, I discovered two people with the same name who voted: once on the voting machine in one ward, and another time by affidavit ballot.

The affidavit ballot was opened and counted, so if the men were the same person, then he voted twice.

But how to prove that? The only way I had to positively match him was by his DOB, which he listed on his affidavit ballot.

Obviously, the address he provided on the affidavit didn't match his address on the poll books.

But I had DOB information on the voter list that I possessed, and therefore I was able to determine with certainty that these two votes were indeed cast by the same person.

So DOB information is absolutely essential if a candidate is going to prove certain types of voter fraud.

And, this information was freely available to candidates and investigators until 1997 when the legislature changed the law to exclude it.

Anonymous said...

1039. to clarify, I think that the loser of the primary is taking cues from the kim family.

Anonymous said...

Every time I see the headline for this item......McDaniel Goes to Supremes....I see this image of McDaniel singing with Diana Ross.

Greaseball Judge said...

Can we do something productive and have a contest to see who has the greasiest hair ~ Steffey or Pete Perry?

Anonymous said...

John Pittman, you have yet to make a case as to why seeing ALL the DOBs would be important.

Find a duplicate name and then ask for that DOB.

You are incredible...really...and I don't mean that in a good way!

Anonymous said...

5:12 PM Beat me to it. One alleged crime committed in a town so I need a search warrant for every house in town to hunt down the culprit. Let me go clean the swimming pool so we can start dunking witches.



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