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To: Hostage

It doesn’t matter what other federal cases state - as long as the Mississippi law has not been overturned, it stands.

Currently, it stands.

I repeat what you repeated again here “States are allowed to make their own ballot access laws” - and since you don’t seem to understand what you wrote, I will tell you: This means that Mississippi (a state) is allowed to make its own ballot access laws (prohibiting write in candidates).

Those laws are still in effect - and will remain so unless and until they are struck down. Such would require a case and a ruling - as I stated.

I stated that Mississippi prohibits write in candidates. You challenged that assertion - and yet what you write repeatedly affirms my statement: “Mississippi law with respect to McDaniel is poorly crafted and cannot stand against the case law I quoted.” To have a law that is poorly crafted, one must have a law...which is what I said.

“McDaniel could have his lawyers in federal court next week and be granted a federal injunction barring MS from restricting him ballot access” First, you PRESUME he would be granted an injunction; you may or may not be correct in your presumption. Second, I have said that a write in candidacy would require a case and a ruling - see, his lawyers would bring their CASE, the judge would RULE granting an injunction to bypass existing LAW. Without the existing law, there is no need for the injunction.

So - once again, while arguing what I said, you confirm the truth of my statement. To wit:
Mississippi does not allow write in candidates.


147 posted on 06/30/2014 11:36:59 AM PDT by GilesB
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To: GilesB

That’s right, states are allowed to make their own law regarding ballot access but allowed by who? Federal law governs the states. Case law is solidly against MS in these types of cases. Within one week the McDaniel can obtain a federal injunction against MS and while waiting for a hearing they can get on the ballot as an independent or as a write-in.

To win MS would have to lay out a ‘state compelling interest’ argument and they won’t have one. Other states have tried and failed in many cases. There is no reason that MS can persuade a federal court that they will disenfranchise hundreds of thousands of voters because MS says ‘because’.

That’s the way it works.

But McDaniel may get the election overturned at the state level because there is clear certain evidence of a violations in state election law by those in the Cochran camp. MS cannot allow a lawbreaker (Cochran) to hide behind their sore loser laws. If they do, which they won’t unless they’re stupid and want a federal judge to hang their asses out to dry, then it’s a short walk to federal court for an injunction.


150 posted on 06/30/2014 11:47:01 AM PDT by Hostage (ARTICLE V)
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