Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court rules McDaniel will not have access to poll books
WLOX 13 ^ | July 17, 2014 | Chris Thies

Posted on 07/17/2014 11:51:19 AM PDT by Hostage

HARRISON COUNTY, MS (WLOX) - WLOX News has learned that Chris McDaniel's campaign will not have access to Harrison County poll books. The Mississippi Supreme Court rejected McDaniel's petition for a court order to demand that Harrison County Circuit Clerk Gayle Parker release poll books from the June 24 Republican Party primary runoff election.

The court ruled that there is no legal requirement that poll books be included in the contents of ballot boxes. The order released on Thursday said poll books should be considered official records of all persons qualified to vote in a particular county and should be properly preserved by the circuit clerk.

The court also found that the circuit clerk must redact all voters' social security numbers, telephone numbers, birth date and age information before the records can be examined.​


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Mississippi
KEYWORDS: cochran; mcdaniel; mississippirunoff
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last
To: eCSMaster
I had always believed that The Lord was a God of Justice. He's not.

God still is. Satan still is not.

41 posted on 07/17/2014 12:34:49 PM PDT by showme_the_Glory ((ILLEGAL: prohibited by law. ALIEN: Owing political allegiance to another country or government))
[ Post Reply | Private Reply | To 10 | View Replies]

To: tanknetter

Well, that is EXACTLY what this regime AND the Ruling Class expect, want and are hoping for.

They want their justification to do what all genocidal tyrants desire to do to those whom oppose them and whom they have targeted for punishment and eradication.

What do you think all those billions of round sod hollow-point rounds of ammo are stockpiled for, along with MRAPS, TANKS and APCs being distributed to police departments and alphabets?

They certainly ARE NOT For the invasion being orchestrated by the regime in power and its sycophants in Congress and the GOP Establishment.


42 posted on 07/17/2014 12:37:19 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Hostage

43 posted on 07/17/2014 12:37:23 PM PDT by Sybeck1 (Remember Mississippi!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cboldt

They are redacted by people loyal to Cochran-Barbour. There is already evidence of that. Clerks are on video record denouncing McDaniel and saying he should use the redacted records the same as Cochran. And Cochran’s campaign said they only found about 1000 irregularities.

Redacted ‘copies’ could never be trusted to reflect the real original materials. There is too much corruption in the background to ever allow redacted copies to be admittes as evidence.

Best to go with the more than 10,000 pages of documented fraud and at the same time move to join the TTV federal lawsuit to get access to the original poll books which tell unequivocally the story.

And note that the original poll books implicate potentially tens of thousands of democrat voters in vote fraud.


44 posted on 07/17/2014 12:37:51 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Cboldt

At issue is whether a Mississippi court must admit evidence (original poll books) after the deadline.

This is why the federal injunction order must state that the review results of the original poll books must be admitted.


45 posted on 07/17/2014 12:40:46 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 40 | View Replies]

To: Hostage
His options now: 1. Pay for the redacted poll books (requires major funds and puts veracity of redacted records by Cochran operatives into evidence; not good here)

If he has the money, he should do that. He doesn't need voters' DOBs or SSNs to prove that they voted in both the Republican and Democratic primaries. But I suspect he doesn't have the money, or else he would not have pursued the mandamus filing.

2. Concede

He won't. And if he really has evidence of illegal votes, he shouldn't.

3. Take the mountain of evidence in possession now and file the legal challenge to the election. His attorney's said yesterday enough evidence exists to challenge the election and that they will challenge it.

If he has enough evidence to challenge the election, he should do that, and I'm sure he will. But I suspect he doesn't have quite enough evidence yet to overturn the election, because otherwise he would have filed the election challenge already and wouldn't have been pursuing the mandamus route. Time will tell.

4. Join the True The Vote lawsuit in federal court and obtain the nonredacted original poll books.

The argument for obtaining unredacted voter rolls is stronger under federal law than Mississippi law, so this is certainly an option for him. Downside is that federal court moves slowly, and he may not have enough time to wait for a federal decision.

5. Obtain a federal injunction allowing for an independent campaign or a write-in campaign.

Not a serious option, IMHO. "Sore loser" laws like Mississippi's have been upheld against constitutional challenges.

46 posted on 07/17/2014 12:42:07 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tennmountainman
If you can’t view them, why even keep them.

You can view them, just not the voters' SSNs and DOBs.

47 posted on 07/17/2014 12:45:09 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 20 | View Replies]

To: eCSMaster
I had always believed that The Lord was a God of Justice. He's not.

I trust that you are prepared to have Him judge your arrogance.

 photo million-vet-march.jpg

48 posted on 07/17/2014 12:47:23 PM PDT by Agamemnon (Darwinism is the glue that holds liberalism together)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Cboldt
If it pops up, I'll read the opinion.

It's linked on post 14 of this thread.

My guess is that the court worked a literal reading of the statutes, which provides for access to the ballots (only).

Correct, that's what they said.

49 posted on 07/17/2014 12:47:27 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 32 | View Replies]

To: Hostage

Dirty Judges? In Mississiippppiii?

I’m shocked.


50 posted on 07/17/2014 12:47:47 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: eCSMaster

He gives us options for our fate.

We seal out own.


51 posted on 07/17/2014 12:48:37 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Hostage

Virtually every person in every position that is in a position to deal with this matter was put into that position courtesy of the Mississippi GOPe. Who do you think they’re going to rule in favor of?


52 posted on 07/17/2014 12:48:41 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: tennmountainman; Revel
Poll books that can’t be examined. Then why even keep them?

If you are the GOP, you might need to keep the books to commit some fraud or another against conservatives.

53 posted on 07/17/2014 12:48:48 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
[ Post Reply | Private Reply | To 20 | View Replies]

We seal our own. Oops


54 posted on 07/17/2014 12:50:01 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
[ Post Reply | Private Reply | To 51 | View Replies]

To: Hostage
-- At issue is whether a Mississippi court must admit evidence (original poll books) after the deadline. --

By "deadline" I assume you mean the challenge filing deadline, the one 12 days after certification.

It's somewhat an axiom of law, that the law won't require a person to do something that is literally impossible. So, if it is impossible to produce all the evidence before filing the challenge, the law won't require it. Most suits are notice based, where the challenge/claim doesn't contain the evidence, but asserts it can be gathered. Then comes discovery, with a deadline that is later than the date of filing the suit in the first place.

There is no way to determine the absence of invalid crossover votes without viewing the pollbooks; and from what I heard yesterday in the presser, many of the election officials used the wrong pollbook out of ignorance, so could not even detect an illegal crossover.

I certainly appreciate the urge to have all the ducks lined up before filing the challenge, but I'm not convinced that doing so is a requirement even under Mississippi law.

55 posted on 07/17/2014 12:54:39 PM PDT by Cboldt
[ Post Reply | Private Reply | To 45 | View Replies]

To: Lurking Libertarian

In reply to your comment on option 1, see #44.

In reply to your comment on option 4, federal courts do not allow their decisions to be rendered moot due to state procedural deadlines. Federal ‘Tolling’ provisions in effect put states in suspension until a federal order has been entered, and then the time clock starts clicking on the next court day following the order.

Further to option 4, federal courts hearing election cases understand the importance of time and will accommodate high profile cases to an expedited schedule.

In reply to your comment on option 5, there are many federal court rulings upholding serious substantial candidates for federal office. These cases hinge on noy allowing state laws to foreclose on a serious candidate’s options and on not disenfranchising a large number of voters who voted for a candidate for federal office. In this case there are hundreds and hundreds of thousands of voters who would be disenfranchised.


56 posted on 07/17/2014 12:55:08 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 46 | View Replies]

To: DoodleDawg

And this is why the TTV federal lawsuit is crucial now.


57 posted on 07/17/2014 12:56:54 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 52 | View Replies]

To: Hostage

Thanks for that reply. I had heard of Barbour for years, but didn’t realize he was a Democrat previously.


58 posted on 07/17/2014 12:58:50 PM PDT by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Cboldt

Election law is structured different from normal axioms.

Federal courts do not allow their decisions to be rendered moot due to state procedural deadlines. Federal ‘Tolling’ provisions in effect put states in suspension until a federal order has been entered, and then the time clock starts clicking on the next court day following the order.

My point is that the TTV lawsuit order needs to have this tolling provision included. Otherwise if MS courts play games which I think is probable here, then it’s back to federal court to amend the order and that wastes lots of time.


59 posted on 07/17/2014 1:00:59 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 55 | View Replies]

To: Sybeck1
Relax, guys. This was just a partial panel. It's by no means the final say.

This is the final say as far as the Mississippi state courts are concerned. Two of 9 justices recused themselves. (I'm guessing because of close ties to Cochran, but that's just a guess.) The remaining justices split 4-3 (4 holding that McDaniel has no right to examine unredacted voter rolls, and 3 saying that the Court should hear more evidence before deciding the case). So you had a quorum (7 of 9 justices participating), and you had a majority decision by that quorum (4-3). This is a final decision of the Mississippi Supreme Court.

60 posted on 07/17/2014 1:05:28 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 43 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson