Mississippi law regarding the power to change election procedures supported the position of plaintiffs, the Mississippi Democratic Party and its Executive Committee, that regardless of what actions a political party's executive committee had taken, they could only act when expressly authorized by Miss. Code Ann. AS: 23-15-291, and the Executive Committee did not have the authority to implement a closed primary with mandatory party registration; thus, although the Executive Committee had not voted to change their qualifications to include membership cards and had not voted to change the primary system to fully closed, the argument by defendants, the Mississippi Governor, Secretary of State, and Attorney General, that the Executive Committee's failure to pass such measures or obtain preclearance from the Department of Justice pursuant to 42 U.S.C.S. AS: 1973b(b), was rejected because the Executive Committee did in fact vote to approve the lawsuit challenging the constitutionality of Mississippi's primary system. Miss. State Democratic Party v. Barbour, 491 F. Supp. 2d 641 (N.D. Miss. 2007), reversed by, vacated by 529 F.3d 538, 2008 U.S. App. LEXIS 11395 (5th Cir. Miss. 2008).I was mistaken that Barbour initiated the suit, and his name appears as governor, not as a party official.
Mississippi State Democratic Party v. Barbour, 491 F. Supp.2d 641 (N.D. Miss. 2007)
Mississippi State Democratic Party v. Barbour, 529 F.3d 538 (5th Cir. 2008)
Thank you so much for your research! I certainly appreciate it.
One more thing.........dang dems!
Thank you, again! ;-)