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‘The Evidence Is Still Coming in’: Chris McDaniel Seeking Poll Book Access in Mississippi
Pajamas Media ^ | 07/24/2014 | BEN LEDBETTER

Posted on 07/24/2014 2:47:56 PM PDT by SeekAndFind

While incumbent Thad Cochran will be the likely candidate to face Democrat and former Rep. Travis Childers this fall, state senator and Mississippi Republican U.S. Senate primary candidate Chris McDaniel is not throwing in the towel – and checking for voting irregularities across the state.

McDaniel’s ultimate goal is to get a new election by showing that people who voted in the June 3 Democratic primary also voted in the June 24 Republican runoff.

“This affects every voter in Mississippi,” said Mitchell Tyner, a member of McDaniel’s legal team, at a July 16 press conference from his Jackson office. “The evidence is still coming in.”

Tyner said he has filed 20 writs of mandamus, which would give him access to a county’s poll book with no redacted information. Tyner said he had enough evidence to make a formal challenge and that crossover voting would be part of it. He filed the motion for reconsideration, hearing, and clarification before the state’s highest court on Friday. Friday’s motion included evidence of the costs a candidate would have if he or she were to gain access to the election records if the court’s ruling was allowed to stand.

(Excerpt) Read more at pjmedia.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Mississippi
KEYWORDS: mcdaniel; mississippi; thadcochran
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1 posted on 07/24/2014 2:47:56 PM PDT by SeekAndFind
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To: SeekAndFind

The MS Supreme Court just a few hours ago denied the Motion for Reconsideration. For anyone following the case closely, the MS Supreme Court is clearly in error here but chooses to follow the Cochran-Barbour gang of which they owe their positions and future livelihood.

Unfettered access to ballot materials by the McDaniel campaign now hinges on the TTV lawsuit in federal court which started its hearing today and hopefully will conclude with a decision soon.


2 posted on 07/24/2014 2:53:24 PM PDT by Hostage (ARTICLE V)
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To: SeekAndFind

He’s gonna tick off Ann Coulter if he’s not careful.


3 posted on 07/24/2014 2:54:58 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: Hostage

This might help bust up the illegal democrat voting machine in MS.

Maybe, it will send chills across the rest of the shills across our land.


4 posted on 07/24/2014 2:58:35 PM PDT by FreeAtlanta (Liberty or Big Government - you can't have both.)
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To: Hostage
The Florida State Supreme Court was making similar partisan rulings in Al Gore's favor in 2000. That's what prompted SCOTUS to step in, the lawless nature of the state Supreme Court.

Unfortunately, SCOTUS declined to intervene in New Jersey's Senate race two years later when the NJ Supreme Court made similarly partisan findings in the Democrats' favor.

It's hard to foresee what SCOTUS would do in Mississippi.

-PJ

5 posted on 07/24/2014 2:58:50 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Hostage

The judge is a Clintoon appointee..not good.
I read a few of the excerpts from today’s hearing - judge sounds like a hack.


6 posted on 07/24/2014 3:11:16 PM PDT by rainee (Her)
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To: Hostage
Unfettered access to ballot materials by the McDaniel campaign now hinges on the TTV lawsuit in federal court which started its hearing today and hopefully will conclude with a decision soon.

TTV is asking for record preservation, not ballot material access, in Federal Court. Has TTY amended their pleadings to include this and extend the deadlines? Has McDaniel joined the TTY action?

7 posted on 07/24/2014 3:11:58 PM PDT by Praxeologue
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To: rainee
I read a few of the excerpts from today’s hearing

Please provide a link. Thanks.

8 posted on 07/24/2014 3:14:38 PM PDT by Praxeologue
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To: SeekAndFind

The case hinges on access to a precinct’s ‘poll books’ that show a list of voters registered in the precinct. The ‘poll books’ are used by registered precinct volunteers to check the eligibility of each voter that comes from the line at the voting station. For each voter in line at the voting station, a precinct volunteer will place a mark by the voter’s name on the ‘poll book’ to show the voter appeared and voted. Therefore, the ‘poll books’ become the election’s ‘tally sheets’.

Note importantly that MS state election law says that all ‘Ballot Box’ materials are to be made available to the McDaniel campaign for a review.

But how are the materials defined in the ‘Ballot Box’? What are they? Well, certainly tally sheets are defined as Ballot Box materials. But the term ‘Poll Book’ does not appear in the definition. But precinct workers know for sure that the tally sheet is simply the marked up poll book.

There are 82 counties in MS. 60 of those counties provided access to the ‘poll books’ or tally sheets for the McDaniel campaign to review and they posted a deputy to monitor the reviewers so that nothing can be said to taint the review process. 60 out of 82 counties knew that the McDaniel campaign was completely with their rights to request an inspection of their poll books!

Furthermore, McDaniel’s lawyers had to file petitions for Writs of Mandamus on 19 counties controlled by the Cochran-Barbour gang in order to get access to their poll books which comprised the tally sheets. And 4 of the hearings on the Writs were won by the McDaniel lawyers. So they decided to cut it short and go to the MS Supreme Cronies of Cochran Court and get all the other 15 counties to provide access with one fell swoop. But the MS Supreme Court decided to play games with words and definitions.

To give an example that illustrates the absurdity of the MS Supreme Court decision, consider the following:

A man has a fiancee who happens to be Native American and he wants to marry her. So he applies to the state courthouse for a marriage license. The name of his fiancee happens to be ‘Horse’. The state clerk asks the man who are you going to be marrying? And the man replies ‘Horse’. The clerk then denies the license writing the reason is that a person is not allowed to marry a horse. The man says “look she’s not a Horse (poll book), she’s human (tally sheet)” and the court again says the matter is concluded and that the state asserts that people are not allowed to marry their horses.

So now the case opened today in federal court under True The Vote (TTV) and a whole lot of Mississippi voters as plaintiffs. Hopefully the federal judge will grant access to the ‘poll books’ so that the election review can be completed and a stop can be put to the nonsense coming from the Cochran-Barbour gang.


9 posted on 07/24/2014 3:18:31 PM PDT by Hostage (ARTICLE V)
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To: Kennard

> “TTV is asking for record preservation, not ballot material access, in Federal Court.”

No, you’re wrong on this one. Find the TTV TRO complaint on the web (it’s easy) and look at the draft order. It asks that access be required for all election materials.


10 posted on 07/24/2014 3:21:41 PM PDT by Hostage (ARTICLE V)
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To: Kennard

http://www.clarionledger.com/story/news/politics/2014/07/24/miss-senate-runoff-lawsuit/13102349/


11 posted on 07/24/2014 3:24:30 PM PDT by rainee (Her)
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To: Hostage

Good explanation.

Sad Republicans stoop to the same tactics as Democrats. The mere fact that the RINOs want to shut the books and not allow McDaniel to point out the illegal crossover votes shows they are out to win at any costs - even at the cost of democracy and protecting the rights of Republican voters.


12 posted on 07/24/2014 3:28:16 PM PDT by TigerClaws
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To: rainee; Hostage
Thanks. Based solely on the article, the bias appear to me to be the reporter's not the judge's.

I am sure that TTV argued, though it is not reported, that date of birth is required as a cross-check to voter name in order to establish a crossover vote.

13 posted on 07/24/2014 3:48:04 PM PDT by Praxeologue
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To: Kennard

dob is a side issue.

Perhaps the more important issue is access to the originals, not copies.

Affidavits have been filed with the TTV federal lawsuit that swear witness to the alteration of poll books using sharpee markers and white-out on information not related to the voter’s private information; in other words post-election fraud.

Usage of white-out would not be discernible on ‘copies’.


14 posted on 07/24/2014 3:56:20 PM PDT by Hostage (ARTICLE V)
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To: Political Junkie Too

It’s hard to foresee what SCOTUS would do in Mississippi.

They’ll take a pass.
No profiles in courage there.


15 posted on 07/24/2014 3:59:20 PM PDT by CharleysPride (A accipitris volatu supra quinque vexillis)
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To: Hostage

I believe the problem is in the wording “general public”. Credentialed poll watchers and credentialed representatives of a party or candidate are not general public and should be allowed access to the un redacted poll books, note the page number where a possible problem exists and when they have gone through the book have the clerk take the pages with questionable entries, and furnish copies with personal information redacted for whatever they normally charge per page which has been one dollar. This has been done in some counties. I believe at Secretary Hosemann’s direction they are counting these credentialed representatives as “general public”. When we were working on the Voter ID petition drive I thought Secretary Hosemann was working for fair honest elections in Mississippi, “ one legal voter, one legal vote”. It now appears to me he wants elections weighted to his desired outcome. I’m very disappointed in him.


16 posted on 07/24/2014 4:07:53 PM PDT by duffee (NO poll tax, NO tax on firearms, ammunition or gun safes. NO gun free zones.)
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To: CharleysPride
They’ll take a pass.

I agree. SCOTUS didn't like the FL experience and Roberts has shown that he is more than reluctant to play in political waters.

17 posted on 07/24/2014 4:13:09 PM PDT by Paine in the Neck (Socialism consumes EVERYTHING)
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To: Hostage
I stand corrected. TTV's July 1st Complaint asked the Court to:

(a) Declare that Defendants are in violation of the NVRA by refusing to grant access for inspection and photocopying of the requested records;

(b) Declare that Defendants are in violation of the NVRA by redacting voter birth dates from voter rolls and registration materials and imposing the costs of such redaction on the public;

(c) Permanently enjoin Defendants from refusing to permit access to any requesting party for copying and/or inspection of voter registration applications, absentee voting envelopes, absentee ballot applications and any associated applications therewith, voters rolls, voter poll books, voter registration applications and federal post card applications, as sought by Plaintiffs in this matter;

I noticed that there is no allegation of 'fraud' in the Complaint. Why, then, did the judge state that the case was not about voter fraud? This sounds like a straw-man argument.

18 posted on 07/24/2014 4:21:10 PM PDT by Praxeologue
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To: Kennard

Just so others reading the thread can see for themselves quickly, the TTV federal lawsuit is asking among other things in their petition on page 12:

(b) Require Defendants to immediately make available to any requesting party for copying and/or inspection voter records without redaction of birthdates;

http://www.scribd.com/doc/233274259/True-the-Vote-v-Mississippi-Motion-for-TRO


19 posted on 07/24/2014 4:23:44 PM PDT by Hostage (ARTICLE V)
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To: Kennard

See #19 for a link to the 2nd refiled lawsuit in the Southern District wherein the petition was amended and modified from the 1st. Many affidavits were submitted that witnessed fraud during and after the election.

I believe the Judge in addressing fraud was attempting to narrow the scope from a decision regarding fraud to one of access.

But I am afraid that access and fraud are intertwined in this case. Access to redacted copies of records would assure the fraud committed would go on undetected because the usage of white-out does not show up on copies. So there is no way to know if copies reflect the faithful image of the original.

We will see how astute the judge in this case is.


20 posted on 07/24/2014 4:31:44 PM PDT by Hostage (ARTICLE V)
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