Posted on 09/11/2014 8:56:32 AM PDT by Oldpuppymax
Sometimes the good guys do win and beat the devils in the end. Sometimes if you are right, you know you are right and you don’t give up, your dreams do come true. Late Tuesday afternoon the Mississippi State Supreme Court agreed to consider the mountain of evidence State Senator Chris McDaniel has put together to prove his allegations of voter fraud committed by Republican United States Senator Thad Cochran and several members of his staff.
The case revolves around a contest to secure the Republican nomination to run for the US Senate from Mississippi. The history of this case shows that in the June primary McDaniel beat Cochran by a clear margin, but failed to garner the 50% plus one vote he needed to be declared the outright winner. This forced a runoff election as prescribed by state law.
In the runoff, Cochran and his team violated numerous state laws, Republican Party regulations and ethical strictures to beat McDaniel by a small margin. Immediately McDaniel protested and gathered evidence he maintains will show; Cochran used Democrat voters who had already voted in their own primary which is against the law; he bought votes which is a felony for Thad Cochran himself and...
(Excerpt) Read more at coachisright.com ...
To borrow a famous quote,”Lets Roll!”
Ethics of the campaign is irrelevant. Only thing that will be relevant is if he can demonstrate enough illegal votes to throw the election the other way.
Of course, somebody would then have to look to see if illegal votes were also cast for the plaintiff.
Seems unlikely this will get settled in time for the election.
Lets destroy that fraud Cochran. GO MCDANIEL!!!!
/johnny
Cochran’s campaign was indisputably sleazy and racist.
I don’t see any way to resolve this short of litigating over every single questionable vote case for each side. Which I doubt the Court is going to authorize.
I know we’ve run through every possible scenario, but what ruling could the court return that would invalidate the run-off, forcing the SecState to call for another election? Have the MS ballots already been printed?
That jerk judge who knocked down McDaniel because he didn’t file within 20 days of the election, can MS supremes overturn that ruling?
/cynicism
Hostage, what good things might come of this?
Thanks WKB.
Bruno from Chicago will have to have a serious talk with those judges before they go and do something stupid like follow the evidence and enforce the law
A special election would be called, as Cochran would disqualify himself retroactively. this isnt getting sorted out before November
Waitamminnit... doesn’t the MS write-in clause say you can’t have a write-in unless the guy on the ballot dies or is DQd?
If Team Barbour senses they will lose this end the end, after the second runoff (those helpful black folks probably won’t show up this go-around).... they might decide to skip all expense and have Cochran drop out due to ‘health reasons.’ It all depends on what gets leaked from the MS Supremes to Barbour......
By law, all McDaniel has to do is show that there were more illegal votes cast than the vote totals.
That doesn’t mean the MS supreme court isactually going to follow the law.
It is likely that MS requires the state supreme court requires a decision is a very short period of time. Wouldn’t be surprised if it is 15 days, or 30 at the most.
So what does the court do then? Declare McDaniel the winner or call for a new election?
Details here:
http://www.usatoday.com/story/news/nation/2014/09/09/mississippi-court-mcdaniel-election-lawsuit-appeal/15356459/
Oral arguments Oct 2.
The excellent point made by McDaniel's attorneys over the issue of late filing is as follows:
In fighting dismissal of the lawsuit, McDaniel's legal team has also pointed to now House Speaker Philip Gunn's successful challenge against former state Rep. Jep Barbour in 2003.
The state high court heard that case, which Gunn filed 34 days after the primary. There was at the time no argument from either side, or the court, about a deadline.
All of the above quote negates Cochran's argument that some Mississippi judge in 1959 ruled that a state election challenge needed to be filed within 20 days.
But it did not hold water for the circuit judge who I imagine is back on his easy chair with his remote soaking up his retirement check.
And I have my doubts that the MS Supreme Court will side with McDaniel on anything because they already tossed out his writ of mandamus to get the election records for review. They treated him not as a candidate but as a member of the public. I am still appalled at this treatment. McD is a candidate! He is not John Q. Public off the street. He has every right to those ballot materials as a county clerk or election volunteer. McD is a primary stakeholder in that election and those ballot materials are the product of his work. And yet the MS Supreme Court tossed him out.
The Cochran-Barbour camp which also comprises all the election clerks they control dragged their feet on requests for access to ballot materials and then pulled every delaying stunt possible so that McD could not finish his investigation and then they slapped a late filing charge on his legal challenge and the selected retired good old boy judge agrees with them.
So I don't hold much hope for any justice in Mississippi for the near term. The law there is manipulated by the political network in power. That is the reality.
It is curious that the MS Supreme Court decided to hear the case because I would think they could have declined to hear it. But I still think they will find on behalf of Cochran that the Gunn case quoted above was somehow under some other special statute or under something they can manage to pull out of their butts.
McD could have pursued a federal court injunction allowing him to run as an independent or write-in but I think the time for that has passed.
Voters could still write in his name even though it won't be counted.
BUT one MS reporter wrote that IF voters write in McD and neither Cochran nor Childers gets more than 50% of the vote, THEN a 3-way runoff would ensue where McD would be eligible to be counted.
Voters can write him in but it won’t be counted. But it is said that if no counted candidate gets 50% or more, then McD would be counted or allowed to enter a 3-way runoff.
I am fairly certain the MS Supremes will not look at any of the voting irregularities. They will only look at the ruling of the lower court judge who ruled that McD needed to file within 20 days.
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