Posted on 01/02/2008 3:08:29 PM PST by WKB
JACKSON, Miss. -- The dispute over an election to fill the U.S. Senate seat formerly held by Republican Trent Lott is now headed to court.
Mississippi Attorney General Jim Hood on Wednesday filed a complaint in Hinds County Circuit Court against the Nov. 4 election date set by Gov. Haley Barbour. The two have been at odds over when the election should be held.
"We also filed a motion for preliminary injunction in hopes of expediting the matter. We have asked the court for a hearing next week," Hood said in statement on Wednesday.
Barbour, a Republican, said he has followed what he called a poorly written state law that required the special election to be held at the same time as this year's general election.
Hood, a Democrat, said the law requires a special election much sooner than the date Barbour set.
Mississippi law states that after receiving official notice of a Senate vacancy, the governor has 10 days to announce an election to fill the seat. That election must be held within 90 days of the announcement, unless the vacancy occurs during a year when "there shall be held a general state or congressional election."
Hood, in his complaint, said Barbour's decision to delay the election by eight months "denies voters their constitutional and statutory right to vote" and their right to a popularly elected senator rather than an appointed one.
Hood also said that Barbour's decision usurps the Legislature's constitutional right to set the time for special elections.
"Hood has a right to his opinion," said Pete Smith, spokesman for the governor.
Barbour has said he expects the Mississippi Supreme Court will have to settle the election date issue.
On Monday, Barbour appointed U.S. Rep. Roger Wicker, R-Miss., as senator. Wicker said he will be a candidate for the special election to serve out the remainder of Lott's term, which expires in 2012.
Former Gov. Ronnie Musgrove, a prominent Democrat, has said he is considering a run for the seat.
Lott officially resigned Dec. 18 with five years left in his current six-year term. He served 16 years in the U.S. House before moving to the Senate in 1988.
Mississippi Democratic Party Chairman Wayne Dowdy said he supports Hood's attempt to enforce the law as written.
"A fourth grader can read that law and understand that an election must be called within 90 days," said Dowdy, who represented the state's 4th District in Congress from 1981-1989.
Dowdy also said Wicker's appointment will result in more of the "status quo" in Washington.
"Voters should be given the opportunity to decide as soon as possible if they want to endorse Wicker's status quo record or endorse new leadership that will deliver the change Mississippi is demanding," Dowdy said.
so, is this one last whack to the republicans by Lott ?
(so, is this one last whack to the republicans by Lott ?)
I doubt Lott had anything to do with it.
Hood doesn’t need any help He has tried to stop everything he possibly could since Haley took office.
Why, does "unless" not enter the vocalubary list until the 5th grade?
Good to see the MS Democrat chairman call for Republicans to take back the Senate.
>>”A fourth grader can read that law and understand that an election must be called within 90 days,” said Dowdy, who represented the state’s 4th District in Congress from 1981-1989.
Its too bad Lott didn’t wait til January of 2008. Since he resigned in December 2007, the AG may have a point.
“unless”
That’s what I was thinking, too. Why didn’t Lott wait till Jan.1, 2008 to resign? Is he really that dumb? (That’s a rhetorical question.)
I imagine the 'Rats are contending that, after the requisite ten days, it was still 2007 -- a year when there were no general elections. In which case, the ninety-day period would be in effect.
Thus, so far as nit-picking is concerned, they can probably make a case.
Of course, that raises the question as to why Lott didn't simply delay his resignation until January 2. There is a reason: a new law took effect on January 1, requiring that elected officials wait two years after retirement before working as lobbyists. Since Lott retired before the new law took effect, he'll only have to wait for a year.
A lot of conservative problems, it seems, begin with Trent Lott...
> Its too bad Lott didn’t wait til January of 2008. Since he resigned in December 2007, the AG may have a point. <
No, because there was a “general state election” in 2007.
Post #12 may have the answer to your question.
No, the real question is will there be an election within a year of that date.
Lott resigned effective December 18th. That was in 2007.
>>”A fourth grader can read that law and understand that an election must be called within 90 days,” said Dowdy, who represented the state’s 4th District in Congress from 1981-1989.
Its too bad Lott didn’t wait til January of 2008. Since he resigned in December 2007, the AG may have a point.”
Was there an election in Mississippi in 2007? Did Lott resign before of after that election?
This seems like another Nifong deal to me.
That’s why it’s going to court the law is not
exactly easy to interpret.
On Jan. 1, 2008 a new Senate rule went into effect baring a senator leaving the Senate from going into lobbying for two years instead of one year under the old rule that ended Dec. 31, 2007.... Lott was looking out for his future lobbying career and didn’t want to wait two years to begin it..... jmo
What’s the problem? Lott’s not stupid. He quit when he did because a Republican is almost guaranteed to win in the election whether it is held today, tomorrow, 100 days from now, or 11 months from now. Silly RATS.
“Mississippi Democratic Party Chairman Wayne Dowdy said he supports Hood’s attempt to enforce the law as written.”
This guy is still around in MS politics? I thought he had lapsed into retirement after getting beat in the dem primary in 1991(? the first fordice election).
the law is poorly written, but it would appear Hood may be right. I guess when it was written, the authors couldn’t imagine an MS senator actually resigning to avoid any kind of corruption/embarrassment scandal (scruggs).
“No, because there was a “general state election” in 2007.”
darn, forgot about that, then the law is completely unclear and the court will get to decide.
A clever interpretation, but it says “there shall be held a general state election”, which suggests that election happens after the resignation.
I think it’s clear that the law was written to have a timely election, but to save the money for an election if there is a general election coming up in the same year.
I think the real question is whether it is calendar year, or a year in time. And I think it means calendar year, because of the way it is worded, and not “within one year from the vacancy”.
Meanwhile, what does anybody know about Wicker?
>>> Its too bad Lott didn’t wait til January of 2008. Since he resigned in December 2007, the AG may have a point. <
I didn’t realize that - but its too late to hold the Senate election along with the general election of 2007.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.