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McDaniel Campaign Begins Legal Challenge in Mississippi GOP Primary
Time ^ | 07/03/2014 | Denver Nicks

Posted on 07/03/2014 10:15:22 AM PDT by thetallguy24

This year’s most hotly contested Republican primary elections entered a new round of controversy Thursday morning, when the Tea Party challenger attempting to unseat incumbent Senator Thad Cochran officially initiated a challenge to the results of a runoff last week.

Insurgent candidate Chris McDaniel Thursday sent a “Notice of Intent to Challenge” to the Cochran campaign, the first step in an attempt to invalidate the election by revealing voting irregularities. Early next week the McDaniel campaign will file its official challenge with the state Republican Party, which oversees the primary election, McDaniel spokesman Noel Fritsch told TIME. A legal challenge in the courts will follow, Fritsch says.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: conservative; duplicate; ms; politics; republican
Maybe Thad will croak before this ends
1 posted on 07/03/2014 10:15:22 AM PDT by thetallguy24
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To: thetallguy24

YES! Now the naysayers can shut up. GO CHRIS!


2 posted on 07/03/2014 10:16:23 AM PDT by Viennacon
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To: thetallguy24

“The McDaniel campaign has thus far found more than 4,900 votes it calls into question, Fritsch says. The campaign has not yet received access to records in 31 counties or to 19,000 absentee ballots, Fritsch says.”

This is going to be easy to prove... by a wide margin


3 posted on 07/03/2014 10:19:44 AM PDT by Viennacon
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To: Viennacon

Indeed. Go Chris!

FUTC!


4 posted on 07/03/2014 10:20:58 AM PDT by Larry Lucido
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To: Viennacon

Yep....they can’t deny it....especially if Time (can’t get any more MSM than that) is reporting this.


5 posted on 07/03/2014 10:21:15 AM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: thetallguy24

Just posted a duplicate a few minutes ago. I will inform the admin moderator to suspend it.

Here’s my take:

McDaniel Campaign confirms that a write-in campaign is not off the table.
I’ve posted my research that federal courts treat seekers of federal office different than state courts do and federal case law highly favors substantial candidates seeking federal office.

Although MS has ‘sore loser’ laws on its books, federal courts have in the past overruled states in every instance where a credible substantial candidate seeks to file as an independent past state deadlines or is denied ballot access as a write-in candidate.

The crux of federal rulings is the issue of disenfranchising large numbers of voters from having an opportunity to elect the person they think best represents them in federal office. In this case there are hundreds and hundreds of thousands of voters who voted for Chris McDaniel in his campaign to be elected as US Senator.

The McDaniel campaign will not seek to be on the ballot as a write-in or as an independent until MS has denied their challenge to the election which could happen because of the thick corruption in that state and an apparent ‘good old guy’s network’ that seems to be in place everywhere that seems to take direction from the Barbour family members.

If McDaniel loses his bid to overturn the election, he needs only walk a short distance over to the federal courthouse and file for an injunction against MS sore loser laws and within two weeks he can have a federal order issued to the state of MS to allow him onto the ballot for the November election.

He will have plenty of ammunition in federal court to show criminality, vote fraud and conspiracy to be granted a preliminary federal injunction while waiting for the state of MS to make its argument of a ‘compelling state interest’ to deny the injunction request.

What “compelling state interest” is there that MS could argue?

The answer is there are none.

Arguments put forth in the past for support a compelling state interest have focused on the confusion and chaos that too many candidates cause, the burden of managing too many candidates and parties especially those that are not serious and are designed as a protest vote, for example “Daffy Duck” or “Mickey Mouse” as a write-in.

None of the cases on record have arguments that apply to the McDaniel case in denying so many voters the right to elect him as their US Senator.

In my view I wish that an independent or write-in campaign will not be necessary but if it becomes necessary it is easy for the McDaniel campaign to overcome MS election law that would bar him from accessing the November ballot.


6 posted on 07/03/2014 10:23:53 AM PDT by Hostage (ARTICLE V)
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To: thetallguy24

Without a doubt, the counties who are not giving McDaniel access to
poll books as required by law are busy trying to cover their fraud.


7 posted on 07/03/2014 10:31:13 AM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Hostage

Lots of ramifications to be explored as this process plays out. If a race with
McDaniel, Cochran and Childers plus the independents should develop for Nov,
it would make for a most interesting race. The campaigning would be
interesting.


8 posted on 07/03/2014 10:33:01 AM PDT by deport
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To: thetallguy24

Time is up, Thad.


9 posted on 07/03/2014 10:33:36 AM PDT by Uncle Chip
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To: deport

McDaniel should prosecute this to the very end. Even if the GOPe approach him to cut a deal, he should respond “No Deals With Criminals No Matter What Party!”. He can win and he can turn the GOPe world upside down.


10 posted on 07/03/2014 10:35:28 AM PDT by Hostage (ARTICLE V)
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To: tennmountainman

Is it possible that the reason the results have not been certified is so that they can call a “oops, we made a mistake. McDaniels won.” And then certify it?


11 posted on 07/03/2014 10:37:48 AM PDT by cuban leaf
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To: thetallguy24

AND how many “write in votes” would get lost, misplaced in the trunk of a Yugo, burned as unreadable, uncounted by other means, -OR- ignored if they even GET to any counting mechanizm..

Write in votes ...ASSUMES... an honest system...
Any that still believe in an honest voteing system in the U.S.
Should be SLAPPED... eyes poked, and given an Atomic weggie..
They are not worth a banana cream pie in the face..


12 posted on 07/03/2014 10:37:55 AM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: thetallguy24

All they need are the lists that show Democrats who voted in the Democrat primary vs the list of Democrats who voted in the Republican runoff. There should be plenty of votes there.


13 posted on 07/03/2014 10:38:25 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: thetallguy24
People need to end up in prison over this. Thad Cochran, Karl Rove and Haley Barbour should at the very least, disappear from political life in utter disgrace.

Thad Cochran delenda est.

14 posted on 07/03/2014 10:38:56 AM PDT by NorthMountain
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To: Hostage

Great post. Thanks.


15 posted on 07/03/2014 10:39:09 AM PDT by Red Steel
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To: hosepipe

That Yugo’s trunk was used in St Louis County, MN when Frankenberry got elected to the Senate.


16 posted on 07/03/2014 10:42:40 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: NorthMountain
People need to end up in prison over this.

That's the only thing these bastards understand. "You've got to kill people, and when you've killed enough they stop fighting." - Gen. Curtis LeMay.

17 posted on 07/03/2014 10:51:31 AM PDT by abb
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To: Hostage

Apparently they already offered him a deal to shut him up. State party chair, Joe Nosef’s job.


18 posted on 07/03/2014 11:01:10 AM PDT by Viennacon
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To: Hostage

Interesting research and info. Thanks for posting

McDaniel needs to fight this...also...he has a good chance of winning a write-in because Thad and the Dem will split liberal votes


19 posted on 07/03/2014 11:03:18 AM PDT by DisorderOnBorder (Haley Barbour gave me $15 to vote)
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To: Hostage

Wow! Thanks for the explanations, very informative.


20 posted on 07/03/2014 11:05:10 AM PDT by Kenny
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To: NorthMountain

First...Fox News needs to fire Karl Rove. The longer he is on the payroll, the more they endorse vote fraud


21 posted on 07/03/2014 11:06:08 AM PDT by DisorderOnBorder (Haley Barbour gave me $15 to vote)
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To: cuban leaf
Is it possible that the reason the results have not been certified is so that they can call a “oops, we made a mistake. McDaniels won.” And then certify it?

That would be the best possible outcome but I don't think they can let it go. Barbour name is going to be kryptonite to Republicans though if they keep pushing. He might even end up broke like Hilliary.

22 posted on 07/03/2014 11:07:07 AM PDT by Kenny
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To: Viennacon

I’m buying into the theory that Cochran intends to retire and Barbour the Younger was to be appointed. That way it’s a ready made dynasty


23 posted on 07/03/2014 11:10:29 AM PDT by Bogey78O (We had a good run. Coulda been great still.)
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To: Viennacon

GOPLib offered McDaniel a job? No kidding?

Outside of maybe posting a billboard on I 20/55 in Jackson saying “we did vote fraud”...trying to bribe McDaniel to silence is admitting vote fraud


24 posted on 07/03/2014 11:11:36 AM PDT by DisorderOnBorder (Haley Barbour gave me $15 to vote)
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To: cuban leaf

I doubt that would happen. More likely they are buying time to cover up
the traces of fraud.


25 posted on 07/03/2014 11:14:28 AM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Viennacon

The MS GOP Party does not realize it yet, but in the coming months
they will be taken over by McDaniel supporters. Rules will be changed to
close the primaries, heads will roll and some may even go to jail.


26 posted on 07/03/2014 11:17:45 AM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Hostage

I agree “no deal with criminals”.


27 posted on 07/03/2014 11:21:31 AM PDT by duffee (NO poll tax, NO tax on firearms, ammunition or gun safes. NO gun free zones.)
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To: thetallguy24
True the Vote has filed a lawsuit, also.

OXFORD, MS. -- July 1, 2014: True the Vote (TTV), the nation's leading voters’ rights and election integrity organization, today filed suit in federal court against the Mississippi Secretary of State and the State Republican Party, asking the Court to immediately order that election records be shared to inspect for illegal votes ahead of certification for the June 24 U.S. Senate Primary Runoff Election (True the Vote, et. al v. State of Mississippi, et. al. (3:14cv144-MPM-SAA). http://www.truethevote.org/node/418

28 posted on 07/03/2014 11:27:02 AM PDT by TennesseeGirl (Those who don't know history are doomed to repeat it. - Edmund Burke 1790)
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To: Hostage
What “compelling state interest” is there that MS could argue? The answer is there are none. Arguments put forth in the past for support a compelling state interest have focused on the confusion and chaos that too many candidates cause, the burden of managing too many candidates and parties especially those that are not serious and are designed as a protest vote, for example “Daffy Duck” or “Mickey Mouse” as a write-in. None of the cases on record have arguments that apply to the McDaniel case in denying so many voters the right to elect him as their US Senator.

I think there are two cases that I recall that are of interest here.

The first is Bush v Gore. I don't mention this one for its case merits (President vs Senator), other than that the Supreme Court overturned the Florida State Supreme Court's siding with Gore on his attempt to limit the recounts to only the few favorable counties to him. The largely (at the time) red state had a decidedly blue state Supreme Court, and the court overlooked precedent to do whatever it could to enable Gore. I fear that the same thing will happen in Mississippi. The law be damned, even when everyone is watching.

The second case is New Jersey Senate race between Robert Torricelli and Douglas Forrester. The SCOTUS refused to hear this case, probably because they were still stinging from the liberal rebuke to stepping into the Florida case two years earlier.

In the New Jersey case, Torricelli was losing badly in the polls because of his ongoing corruption investigations. When it became clear that he was going to lose the general election to a Republican (in a very blue state), the Democrat party stepped in and argued that there was a compelling state interest to have "a competitive election," meaning that they wanted to replace the losing Torricelli with the retired Frank Lautenberg. Never mind that there was a "competitive election" going on, but the Democrat candidate was losing the competition. To Democrats, it's only "competitive" when they're winning. The favorable court sided with Democrats and allowed Lautenberg to be substituted for Torricelli, even though ballots had already been sent out to overseas voters.

So now, in Mississippi, there are two issues at stake.

First is the indisputable level of documented (but ignored) voter fraud that took place. In today's political climate where the rule of politics trumps the rule of law, I can easily see the state supreme court ignoring the obvious fraudulent votes on some made up one-time-only excuse to protect Cochran.

Second is the idea of denying the people the candidate of their choice. McDaniel won the initial primary vote. He also won two terms as a state Senator. He's not a newcomer like New Jersey's Forrester. He has the credentials of a Lautenberg. The New Jersey precedent, although unintended, actually applies to McDaniel very strongly. A popular Lautenberg was allowed to replace a discredited and losing Torricelli after the deadline had passed. A popular McDaniel should be allowed to replace a discredited and losing Cochran, too.

-PJ

29 posted on 07/03/2014 11:27:47 AM 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: Political Junkie Too

Those are great cases and a great analysis. The McDaniel people need to pick up on this.

Here’s a couple more that can be used to to overcome MS election laws restricting ballot access, both cases deciding in favor of ballot access against state laws to the contrary:

* US SUPREME COURT Norman v. Reed 1992

The right of citizens to create and develop new political parties derives from the First and Fourteenth Amendments and advances the constitutional interest of like-minded voters to gather in pursuit of common political ends, thus enlarging all voters’ opportunities to express their own political preferences. See, e.g., Illinois Elections Bd. v. Socialists Workers Party, 440 U.S. 173, 184 . Therefore, a State may limit new parties’ access to the ballot only to the extent that a sufficiently weighty state interest justifies the restriction. Any severe restriction must be narrowly drawn to advance a state interest of compelling importance.

* US SUPREME COURT Anderson v. Celebrezze 1983

The Ohio filing deadline not only burdens the associational rights of independent voters and candidates, it also places a significant state-imposed restriction on a nationwide electoral process. A burden that falls unequally on independent candidates or on new or small political parties impinges, by its very nature, on associational choices protected by the First Amendment, and discriminates against those candidates and voters whose political preferences lie outside the existing political parties.


30 posted on 07/03/2014 11:35:23 AM PDT by Hostage (ARTICLE V)
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To: Hostage

Didn’t they approach him and offered him a major position
in the State GOP org?
Seems like I read that somewhere.


31 posted on 07/03/2014 11:55:17 AM PDT by deport
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To: deport

Yes they did.

http://www.freerepublic.com/focus/news/3175593/posts?page=18#18


32 posted on 07/03/2014 11:57:15 AM PDT by Hostage (ARTICLE V)
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To: Viennacon

If McDaniel is soooo bad why would they want a racist as head of the MS GOP?


33 posted on 07/03/2014 1:33:25 PM PDT by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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