Posted on 07/22/2014 1:36:09 PM PDT by Hostage
JACKSON, Miss. —A federal judge is scheduled to hear arguments Thursday in a lawsuit filed by a group seeking Mississippi voter records.
U.S. District Judge Nancy F. Atlas of Texas will be in Jackson to hear arguments by True the Vote organization.
The lawsuit seeks access to nine counties' voter rolls as Chris McDaniel gathers information to challenge his Republican primary runoff loss to Sen. Thad Cochran.
Plaintiffs say federal law requires authorities to release of voting rolls and poll books without erasing voters' personal information.
(Excerpt) Read more at wapt.com ...
I only get my MS news here at FR, live in PA. I pray for McDaniel all the time though. He’s fighting for all of us.
Atlas, Nancy Friedman
Born 1949 in New York, NY
Federal Judicial Service:
Judge, U.S. District Court, Southern District of Texas
Nominated by William J. Clinton on April 4, 1995, to a seat vacated by James DeAnda. Confirmed by the Senate on June 30, 1995, and received commission on June 30, 1995. Assumed senior status on June 20, 2014.
Education:
Tufts University, B.S., 1971
New York University School of Law, J.D., 1974
Professional Career:
Law clerk, Hon. Dudley Bonsal, U.S. District Court, Southern District of New York, 1974-1976
Private practice, New York City, 1976-1978
Assistant U.S. attorney, Southern District of New York, 1979-1982
Private practice, Houston, Texas, 1982-1995
The case was originally assigned to a Reagan-appointed judge in Mississippi, but he recused himself because Cochran had recommended him to Reagan for the judgeship. True the Vote then asked the 5th Circuit Court of Appeals to assign a judge from out of state, and the 5th Circuit gave them Judge Atlas.
She is a judge of the Southern District of Texas (Houston). Austin is in the Western District.
Right.
"Trust us," when we say that you lost the election, but no, we won't let you actually see the records of who voted.
Just accept that we said you lost.
-PJ
He's been given access to the records of everyone who voted, just not to their social security numbers and dates of birth. What he's complaining about is that state law makes him pay the cost of redacting the SSNs and DOBs.
As well as not being given access, they are stalling by saying that if he did get access, it would be redacted and he'd have to pay for it.
-PJ
-PJ
What you say is untrue and you know it.
He is not allowed access to the poll books which were present at each precinct and were in fact used as tally sheets to record whether a voter voted or not. Tally sheets are considered part of the ballot box materials. A motion for reconsideration is now before the MS Supreme Court to emphasize that in fact the poll books were used as tally sheets.
The poll books are kept during the election by volunteers who come from each party. McDaniel and his officially designated supporters are able to view all and any of the precinct poll books during the election but now that the election is concluded, the MS Secretary of State who is a Barbour stooge has prevented the McDaniel campaign from reviewing the very poll books for which they had all rights to monitor during the election. 60 counties in MS have granted McDaniel access to the poll books/tally sheets without any restriction and that fact of itself points to a deception on the part of Hosemann.
McDaniel is not allowed access because the poll book/tally sheets are being withheld in 19 counties that are controlled by the Cochran camp. They are charging McDaniel a dollar per page for ‘access’. At an average 14,000 pages per precinct multiplied by 19 counties, the Cochran camp is requiring a payment of at least $266,000 for ‘access’ to ‘copies’. That’s not access, that’s a barrier to access.
Put all the above together with the affidavits from TTV of alteration of original poll books using sharpee pens and white out on information that is not associated with voter privacy, which would not show up on ‘copies’, and it is obvious the vote fraud is assured if McDaniel accedes to the contrivances of the Cochran people.
MCdaniel’s lawyers filed petitions for Writs of Mandamus in 19 counties. They won in 4 counties and then took Harrison county to the MS Supreme Court so they could apply the clear argument to all the rest of the counties without appearing in each county for a hearing. However, the MS Supreme Court ruled the poll books are not defined as part of the ballot box materials. This was an error.
A Motion of Reconsideration has been filed in MS Supreme Court arguing that poll books are not simply printouts of voter registrations broken down by precinct level. The poll books are kept at a table by registered volunteers to check voter eligibility when they come from the line at precinct voting stations. Then a mark is made in the poll book next to the voter’s names to indicate the voter appeared and voted. The poll books become tally sheets for the election and tally sheets are defined as part of the materials of the ballot box. Tally sheets are in fact part of the ballot box materials and therefore McDaniel has all rights to review the poll book/tally sheets.
Where the MS Supreme Court erred is in not understanding that poll books are used to keep a tally of voters and therefore are the election’s tally sheets. When the definition of ballot box materials (which lists tally sheets as part) failed to list the term ‘poll books’ as part, the MS Supreme Court ruled that poll books were not part of the ballot box materials as defined in MS State law and were therefore subject to the MS Public Records Disclosure Act.
Thanks. Had already looked at her vitae. Some of the judges I am familiar with in Houston still go by the law rather than their own personal interpretation. Didn’t remember seeing this judge’s name on any of our Republican lists for Houston area. Guess we’ll see.
McDaniel’s Motion for Reconsideration before the MS Supreme Court has just been denied which is not surprising.
Now access to the poll books/tally sheets rests on the decision in federal court that should be forthcoming soon.
That's funny, you and I are saying exactly the same thing: McDaniel is being allowed access to the poll books, albeit on condition that he pay for redaction of the voters' SSNs and DOBs.
According to this article, the federal judge asked the parties to file briefs in two weeks. If that's accurate (and I know nothing beyond what's in the article), there won't be a federal court ruling anytime soon. So even if True the Vote wins its case in federal court, it might be too late to help McDaniel with his ballot challenge. (McDaniel isn't a plaintiff in the federal court suit, so he can't ask the federal judge to delay the ballot-challenge deadline.)
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.