Skip to comments.McDaniel Campaign Begins Legal Challenge in Mississippi GOP Primary
Posted on 07/03/2014 10:15:22 AM PDT by thetallguy24
This years 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 ...
YES! Now the naysayers can shut up. GO CHRIS!
“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
Indeed. Go Chris!
Yep....they can’t deny it....especially if Time (can’t get any more MSM than that) is reporting this.
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.
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.
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
Time is up, Thad.
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.
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?
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..
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.
Thad Cochran delenda est.
Great post. Thanks.
That Yugo’s trunk was used in St Louis County, MN when Frankenberry got elected to the Senate.
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.
Apparently they already offered him a deal to shut him up. State party chair, Joe Nosef’s job.
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
Wow! Thanks for the explanations, very informative.
First...Fox News needs to fire Karl Rove. The longer he is on the payroll, the more they endorse vote fraud
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.
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
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
I doubt that would happen. More likely they are buying time to cover up
the traces of fraud.
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.
I agree “no deal with criminals”.
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
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.
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.
Didn’t they approach him and offered him a major position
in the State GOP org?
Seems like I read that somewhere.
If McDaniel is soooo bad why would they want a racist as head of the MS GOP?