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

I found some, maybe all of the pleading set before the Mississippi Supreme Court.

McDaniel v. Parker Petition for Mandamus
State of Mississippi Response to Petition
Clerk (Parker) of Harrison Country Response to Petition

All the election materials have been made available to the Petitioner or his representatives. The only information which has been "excluded" from the original "poll books" is the "date of birth" of all registered voters of Harrison County whether they voted or not contained in the "poll books" or "voter registration files". ...

Petitioner misleads this Honorable Court as Parker has NOT refused to permit access to original poll books or ANY other "voting records". All records have been produced or made available to the Petitioner or his representatives, including the original poll books, excluding the date of birth.

McDaniel Response in McDaniel v. Parker

Parker's response is fairly sarcastic and accusatory, worth a read. She claims that McDaniel's people have not made an effort to view the pollbooks, which she claims are open to them except for date of birth information. She also notes that the cost of redaction is nominal, less than $1,000 for 120 pollbooks in her county.

76 posted on 07/17/2014 3:46:23 PM PDT by Cboldt
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