Posted on 10/16/2002 11:36:35 AM PDT by Tumbleweed_Connection
Despite the resounding defeat of U.S. Rep. Cynthia McKinney in Georgia's Democratic primary in August, some of McKinney's supporters are still battling to keep her in office.
They have filed a federal lawsuit to try to get the Aug. 20 results, which showed McKinney losing to Denise Majette 58 to 42 percent, voided and McKinney declared the winner.
McKinney's supporters claim Republicans engaged in a "malicious crossover" when they voted in the Democratic primary and in doing so, ensured McKinney's defeat. The suit, filed in U.S. District Court in Atlanta, seeks to have the Republican crossover declared unconstitutional
McKinney has represented Georgia's 4th Congressional District for five terms, but her controversial comments about the 9/11 terrorist attacks made her so vulnerable, she failed to win even her party's nomination this year.
In March, during an interview with a Berkeley, Calif. radio station, McKinney suggested the Bush administration had failed to act on prior warnings of the Sept. 11 attacks.
"We know there were numerous warnings of the events to come on September 11th. What did this administration know and when did it know it, about the events of September 11th? Who else knew, and why did they not warn the innocent people of New York who were needlessly murdered? What do they have to hide? Persons close to this administration are poised to make huge profits off America's new war," McKinney charged at the time.
Tuesday, attorney Mike Raffauf, who is representing the plaintiffs in the lawsuit, indicated he would be satisfied with a new election, but refused to comment any further.
Named in the lawsuit are Georgia Secretary of State Cathy Cox, the DeKalb and Gwinnett county (Georgia) elections supervisors and Majette.
Teresa Wynn Roseborough, Majette's attorney, told CNSNews.com, she is confident Majette will win the lawsuit.
"The Democratic voters of the 4th Congressional District have spoken and selected their candidate. Denise Majette is honored to be that candidate and the Georgia primary election system is one that we can all be proud of. It encourages strong voter participation and that's what happened in this case," Roseborough said.
The Atlanta Journal-Constitution analyzed the 68,612 votes cast for Majette and found that no more than 3,118 of the voters clearly identified themselves as registered Republicans.
McKinney's supporters claim 37,500 Republicans crossed over into the Democratic primary to oust McKinney. The lawsuit claims the crossover voting violated the Voting Rights Act by denying African-American voters the right to elect the candidate of their choice.
"The court will agree with us that the Democratic Party and its voters are the ones that should select the candidates for political elections and not the courts and that the courts will not participate in an effort to change the outcome of an election," Roseborough concluded.
Congress enacted the Voting Rights Act of 1965 to correct voting irregularities in Southern states and to reinforce the 15th Amendment to the U.S. Constitution, which has guaranteed Americans the right to vote regardless of race since 1870.
McKinney's supporters also allege that Majette was a Republican Party plant, noting that Majette voted in the 2000 Republican presidential primary for Alan Keyes, a political commentator and the only African-American GOP presidential candidate.
McKinney's Capitol Hill office did not return phone calls Tuesday seeking further comment on the story. Her congressional website made no mention of the case.
The Congressional Black Caucus did not return phone calls seeking more comment on the story.
Last month, McKinney blamed the Democratic Party for the losses she and her father Billy McKinney, a Georgia state representative, suffered at the polls, thus fueling speculation that she might leave that party.
"The Democratic Party cost my father his office," said McKinney during a meeting of the Congressional Black Caucus Annual Legislative Conference in Washington.
She also accused Georgia Democratic Gov. Roy Barnes of helping Majette. A spokesperson for Barnes denied the accusation.
Calvin Smyre, chairman of the Georgia Democratic Party, dismissed McKinney's criticism, according to the Atlanta Journal-Constitution.
"In a primary with one Democrat versus [another] Democrat, the voters of Georgia made their decision," Smyre said.
Billy McKinney was defeated in August in his re-election bid and vowed to leave the Democratic Party and take his daughter with him.
"I've always worked on what the Democrats wanted and tried to defeat Republicans. Now I'm an Independent. We're through with the Democrats," Mr. McKinney told the Atlanta newspaper.
McKinney's father, on live television, blamed his daughter's campaign problems on "J-E-W-S," spelling out the word.
There is also speculation Cynthia McKinney could run for the U.S. Senate in 2004 when Democrat Zell Miller, who called McKinney's comments about 9/11 "looney" comes up for re-election.
According to her campaign website, "Congresswoman Cynthia McKinney is going through all the letters and e-mails asking her to continue the struggle, to run again, to run for the U.S. Senate. Shortly, there will be an announcement on this button."
During this term in the House, McKinney has served on the House Armed Services and International Relations committees.
Just keep holding elections until your candidate wins. Sounds pretty familiar.
We're almost at the point where something must be done to deal with these utterly lawless traitors.
"To elect the candidate of their choice"? You brainless fools, the Voting Rights Act only gives you the right to vote for the candidate of your choice.
Federal courts are generally reluctant to award sanctions for the filing of a frivolous lawsuit, but I'd hope that the judge here would invoke Rule 11 and nail the lawyer who signed his name to that pleading. It's a disgrace.
I hope to shout!
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