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Supreme Court rules McDaniel will not have access to poll books
WLOX 13 ^ | July 17, 2014 | Chris Thies

Posted on 07/17/2014 11:51:19 AM PDT by Hostage

HARRISON COUNTY, MS (WLOX) - WLOX News has learned that Chris McDaniel's campaign will not have access to Harrison County poll books. The Mississippi Supreme Court rejected McDaniel's petition for a court order to demand that Harrison County Circuit Clerk Gayle Parker release poll books from the June 24 Republican Party primary runoff election.

The court ruled that there is no legal requirement that poll books be included in the contents of ballot boxes. The order released on Thursday said poll books should be considered official records of all persons qualified to vote in a particular county and should be properly preserved by the circuit clerk.

The court also found that the circuit clerk must redact all voters' social security numbers, telephone numbers, birth date and age information before the records can be examined.​


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Mississippi
KEYWORDS: cochran; mcdaniel; mississippirunoff
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This is devastating news for the McDaniel Campaign. THe MS Supreme Court decision renders the other petitions for writs of Mandamus lost.

His options now:

1. Pay for the redacted poll books (requires major funds and puts veracity of redacted records by Cochran operatives into evidence; not good here)

2. Concede

3. Take the mountain of evidence in possession now and file the legal challenge to the election. His attorney's said yesterday enough evidence exists to challenge the election and that they will challenge it.

4. Join the True The Vote lawsuit in federal court and obtain the nonredacted original poll books.

5. Obtain a federal injunction allowing for an independent campaign or a write-in campaign.

In my heart, I hope that McDaniel proceeds with option 3 ***because to not do so*** is

* to set the Tea Party movement back, * lose all representation in Congress as it becomes totally controlled by crony interests, and * it weakens Ted Cruz' expanding profile as a champion of conservatives

1 posted on 07/17/2014 11:51:19 AM PDT by Hostage
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To: Hostage

Anyone who finds that their vote has been “harmed” must file suit...

EVERYONE who perceives harm MUST file an action. There may be some room for voters OUTSIDE of MS to file “amicus” that they were harmed by illegal votes.

Swamp the courts!


2 posted on 07/17/2014 11:55:48 AM PDT by Cletus.D.Yokel (Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
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To: Hostage

Poll books that can’t be examined. Then why even keep them?

The fix is in across the entire country. There is no protection from vote fraud. The bad boys own the system.


3 posted on 07/17/2014 11:57:05 AM PDT by Revel
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To: Hostage

I’ve said it many times now - we have seen our last ‘honest’ nationally-impacted election.

We have gone full Soviet - and maybe now some Americans will wake up to what time it is.

But I doubt most will.


4 posted on 07/17/2014 11:57:12 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Hostage

First, the federal lawsuit proceeds on its separate merits (an act of Congress regulating federal elections). By federal law, access must be granted.

Second, if the state won’t allow access except upon onerous cost and time-consuming delays, then the appeal to the state courts should proceed based on the evidence in hand and projections where access has been disallowed.

Third, as the U.S. Senate is the final judge of its members, Tea Partiers should inquires of candidates for the Senate throughout the country what standard they will have for accepting a Senator from Mississippi.


5 posted on 07/17/2014 11:59:10 AM PDT by Redmen4ever
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To: Hostage

OMG I cannot believe that!


6 posted on 07/17/2014 11:59:44 AM PDT by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: Cletus.D.Yokel

You cannot stop institutionalized tyranny by civil means.

PERIOD.

We are beyond the courts, the legislatures, and the states to redress grievances and assaults on our liberty.

We have only one option left us.

Resist, defy and then defend with deadly force when they come to impose their will by force.


7 posted on 07/17/2014 11:59:50 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Hostage

It took the Left many decades to install their goons in virtually every court in the country, at every level. They’ve salivated over this very moment when judicial dictators could nullify our democratic process.


8 posted on 07/17/2014 12:01:51 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Hostage

Wow, a Barbour-appointed court found against McDaniel. Who’d a thunk it?


9 posted on 07/17/2014 12:01:56 PM PDT by Defiant (Obama is not the anti-Christ. He is Satan's John the Baptist, preparing the way.)
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To: Hostage
I had always believed that The Lord was a God of Justice.

He's not.

10 posted on 07/17/2014 12:03:09 PM PDT by eCSMaster ("It is not the color of his skin, ... it is the blackness that fills his soul")
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To: leapfrog0202

Hmm, wonder who has this Court in their back pocket? If this election isn’t overturned, then the DEMONCRAP deserves to win the seat. No way should McDaniels supporters get behind Cochran. Let his black voters carry him to victory. Hah - like that is going to happen.


11 posted on 07/17/2014 12:04:50 PM PDT by Catsrus (A)
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To: Redmen4ever

Agree with your first point. And I am hoping that the time tolling on the 12 day window to file a legal challenge is stopped by and reset by the federal court.

Your second point is worthy but it weakens the case immensely to not have the complete canvas.

Your third point is nuanced and will not be realized because most of the GOP Senators in Congress are under the thumb of McConnell.


12 posted on 07/17/2014 12:05:01 PM PDT by Hostage (ARTICLE V)
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To: Hostage

Proposed slogan for Louisiana license plates “At Least We Are Not Mississippi”


13 posted on 07/17/2014 12:05:27 PM PDT by Temujinshordes
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To: Hostage
The Court's decision is here.

Short summary: the election law guarantees access to "ballot boxes and their contents," but voter rolls are not in the ballot boxes. Voter rolls, therefore, cannot be obtained under the law McDaniel was relying on. They can be obtained under the Public Records Act, but that Act requires that social security numbers, dates of birth and other identifying data be redacted before examination.

14 posted on 07/17/2014 12:06:06 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Hostage

I would turn evidence over to FBI to U.S. District Attorneys to start with.


15 posted on 07/17/2014 12:06:18 PM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Defiant

This isn’t about denying McDaniels the nomination anymore. It’s about protecting the MS GOP political machine that gave Cochrane the win.

Politicians, like animals, can be viscious when cornered. And the Barbour Machine is now cornered.


16 posted on 07/17/2014 12:06:39 PM PDT by tanknetter
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To: Hostage; WKB; paintriot; Lil Flower; Malichi; WXRGina; duffee; onyx; DrewsMum; Tupelo; mstar; ...

MS PING


17 posted on 07/17/2014 12:06:40 PM PDT by petitfour
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To: eCSMaster

The Lord is Justice.

It is something else here that thrashes about, not the Lord.


18 posted on 07/17/2014 12:06:41 PM PDT by Hostage (ARTICLE V)
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To: tennmountainman

McDaniel’s lawyers said yesterday they are going to serve more than 10,000 pages of documented fraud on the US Attorney’s office, the FEC and the MS AG.


19 posted on 07/17/2014 12:07:55 PM PDT by Hostage (ARTICLE V)
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To: Revel

If you can’t view them, why even keep them.


20 posted on 07/17/2014 12:07:56 PM PDT by tennmountainman (True conservatives don't like being rained on by their own party!)
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To: Hostage

supremes support crooks


21 posted on 07/17/2014 12:08:20 PM PDT by dalebert
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To: eCSMaster
I had always believed that The Lord was a God of Justice.
He's not.

Seriously, it is childish to think God is going to intervene every time someone commits an evil act.

God is not mocked, what a man sows he will reap.

22 posted on 07/17/2014 12:08:47 PM PDT by JOAT
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To: Hostage

I hope so


23 posted on 07/17/2014 12:09:06 PM PDT by dalebert
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To: Hostage

Mississippi is bought and sold....the Barbour family must be solo proud


24 posted on 07/17/2014 12:13:32 PM PDT by Nifster
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To: Hostage

6. Form a second party in Missippi.


25 posted on 07/17/2014 12:14:32 PM PDT by Vince Ferrer
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To: Hostage
6. Form a second party in Mississippi.
26 posted on 07/17/2014 12:15:15 PM PDT by Vince Ferrer
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To: INVAR
The murder of the three civil rights workers ("Mississippi Burning") finally woke the nation to the horrors of segregation in the-then DEMOCRAT controlled south. That was the last straw.

We may well lose this election...but if so, it will be the last time...we will be vigilant..now that we know the enemy, er..the GOPe...will go to any lengths to hold power.

27 posted on 07/17/2014 12:16:51 PM PDT by ken5050 ("One useless man is a shame, two are a law firm, three or more are a Congress".. John Adams)
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To: Hostage

Regarding point #3—then the point should be more targeted. To defeat McConnell in Kentucky.


28 posted on 07/17/2014 12:16:56 PM PDT by Redmen4ever
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To: INVAR
"with deadly force"

Call Cliven Bundy to get him and his militia men down to MS, after they wrap things up on the border.

29 posted on 07/17/2014 12:18:16 PM PDT by Ben Ficklin
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To: Catsrus

Hmm, wonder who has this Court in their back pocket? If this election isn’t overturned, then the DEMONCRAP deserves to win the seat. No way should McDaniels supporters get behind Cochran. Let his black voters carry him to victory. Hah - like that is going to happen.


I agree! Not one Republican should vote for Cochran considering all the scummy things he/his campaign did in this election. I’d rather see the Dem take it and deny Barbour putting in his pick in 2 years or whenever Cochran agreed to retire.


30 posted on 07/17/2014 12:19:11 PM PDT by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: Defiant

Supreme Court Justices in Mississippi are elected. The Governor can appoint a Justice to fill the remainder of the 8 year term of a retiring Justice. Barbour appointed one Justice, Leslie King, who then won election in 2012 to serve through 2020.


31 posted on 07/17/2014 12:21:37 PM PDT by Nero Germanicus (PALIN/CRUZ: 2016)
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To: Hostage
If it pops up, I'll read the opinion. My guess is that the court worked a literal reading of the statutes, which provides for access to the ballots (only). During the presser yesterday, one of the lawyers, who is also in Mississippi legislature, said that the statutes allow for numerous tricks. Maybe this is one of them, hide the invalid voters by making it expensive to view the pollbooks.

McDaniel plans to challenge the outcome of both elections, I think. They said that they believe McDaniel won the primary, getting over half of the valid votes on June 3rd. If that argument fails, they can also argue that the results of the runoff are not a reliable indication of the will of the voters.

32 posted on 07/17/2014 12:23:24 PM PDT by Cboldt
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To: JOAT

We had nowhere else to turn.


33 posted on 07/17/2014 12:23:49 PM PDT by eCSMaster ("It is not the color of his skin, ... it is the blackness that fills his soul")
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To: INVAR

Familiar with the Battle of Athens, GA, following WWII?


34 posted on 07/17/2014 12:23:50 PM PDT by tanknetter
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To: leapfrog0202; Catsrus

Barbour was a democrat at one time when the South was primarily democrat. Then he switched to republican when it was convenient for him to do so.

No matter whether Childers or Cochran get elected, the democrats and the GOPe win because they are 2 organizations bought and paid for by the same entities.


35 posted on 07/17/2014 12:25:48 PM PDT by Hostage (ARTICLE V)
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To: Temujinshordes
"At Least We Are Not Mississippi"

You're thinking Arkansas, where they say "Thank God for Mississippi" because Ark always come in 49th and MS at 50th

36 posted on 07/17/2014 12:26:12 PM PDT by Ben Ficklin
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To: Hostage

THE - FIX - IS - IN...

So much for pulling out a Win in Overtime.
This isn’t the World Cup after all. /s


37 posted on 07/17/2014 12:28:02 PM PDT by Kickass Conservative (THEY LIVE, and we're the only ones wearing the Sunglasses...)
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To: tennmountainman
They can be viewed. The issue is waiting for them to be redacted, and paying for the redaction. The pollbooks are public records.

Three of the justices refused to endorse the outcome, because they had no record before them.

38 posted on 07/17/2014 12:29:58 PM PDT by Cboldt
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To: Cboldt

The True The Vote (TTV) federal lawsuit cites federal statutes pertaining to elections that require ALL campaign materials designated for safekeeping to be accessible to political parties for review.

A federal judge from Texas is now assigned to the TTV case. If this judge follows the law, then there is the issue of ‘tolling’ because Mississippi law grants a 12 day window from the time the results are certified to the time a legal challenge must be timely filed.

I am hoping McDaniel joins TTV in their lawsuit and amends the order for injunction to include a new deadline.


39 posted on 07/17/2014 12:31:09 PM PDT by Hostage (ARTICLE V)
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To: Hostage
-- ... Mississippi law grants a 12 day window from the time the results are certified to the time a legal challenge must be timely filed. --

I assume a challenge can be filed without having all the evidence in hand. File the challenge, then view the pollbooks.

The Mississippi statutes have some holes in them, that's for sure.

40 posted on 07/17/2014 12:34:41 PM PDT by Cboldt
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To: eCSMaster
I had always believed that The Lord was a God of Justice. He's not.

God still is. Satan still is not.

41 posted on 07/17/2014 12:34:49 PM PDT by showme_the_Glory ((ILLEGAL: prohibited by law. ALIEN: Owing political allegiance to another country or government))
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To: tanknetter

Well, that is EXACTLY what this regime AND the Ruling Class expect, want and are hoping for.

They want their justification to do what all genocidal tyrants desire to do to those whom oppose them and whom they have targeted for punishment and eradication.

What do you think all those billions of round sod hollow-point rounds of ammo are stockpiled for, along with MRAPS, TANKS and APCs being distributed to police departments and alphabets?

They certainly ARE NOT For the invasion being orchestrated by the regime in power and its sycophants in Congress and the GOP Establishment.


42 posted on 07/17/2014 12:37:19 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Hostage

43 posted on 07/17/2014 12:37:23 PM PDT by Sybeck1 (Remember Mississippi!)
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To: Cboldt

They are redacted by people loyal to Cochran-Barbour. There is already evidence of that. Clerks are on video record denouncing McDaniel and saying he should use the redacted records the same as Cochran. And Cochran’s campaign said they only found about 1000 irregularities.

Redacted ‘copies’ could never be trusted to reflect the real original materials. There is too much corruption in the background to ever allow redacted copies to be admittes as evidence.

Best to go with the more than 10,000 pages of documented fraud and at the same time move to join the TTV federal lawsuit to get access to the original poll books which tell unequivocally the story.

And note that the original poll books implicate potentially tens of thousands of democrat voters in vote fraud.


44 posted on 07/17/2014 12:37:51 PM PDT by Hostage (ARTICLE V)
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To: Cboldt

At issue is whether a Mississippi court must admit evidence (original poll books) after the deadline.

This is why the federal injunction order must state that the review results of the original poll books must be admitted.


45 posted on 07/17/2014 12:40:46 PM PDT by Hostage (ARTICLE V)
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To: Hostage
His options now: 1. Pay for the redacted poll books (requires major funds and puts veracity of redacted records by Cochran operatives into evidence; not good here)

If he has the money, he should do that. He doesn't need voters' DOBs or SSNs to prove that they voted in both the Republican and Democratic primaries. But I suspect he doesn't have the money, or else he would not have pursued the mandamus filing.

2. Concede

He won't. And if he really has evidence of illegal votes, he shouldn't.

3. Take the mountain of evidence in possession now and file the legal challenge to the election. His attorney's said yesterday enough evidence exists to challenge the election and that they will challenge it.

If he has enough evidence to challenge the election, he should do that, and I'm sure he will. But I suspect he doesn't have quite enough evidence yet to overturn the election, because otherwise he would have filed the election challenge already and wouldn't have been pursuing the mandamus route. Time will tell.

4. Join the True The Vote lawsuit in federal court and obtain the nonredacted original poll books.

The argument for obtaining unredacted voter rolls is stronger under federal law than Mississippi law, so this is certainly an option for him. Downside is that federal court moves slowly, and he may not have enough time to wait for a federal decision.

5. Obtain a federal injunction allowing for an independent campaign or a write-in campaign.

Not a serious option, IMHO. "Sore loser" laws like Mississippi's have been upheld against constitutional challenges.

46 posted on 07/17/2014 12:42:07 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: tennmountainman
If you can’t view them, why even keep them.

You can view them, just not the voters' SSNs and DOBs.

47 posted on 07/17/2014 12:45:09 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: eCSMaster
I had always believed that The Lord was a God of Justice. He's not.

I trust that you are prepared to have Him judge your arrogance.

 photo million-vet-march.jpg

48 posted on 07/17/2014 12:47:23 PM PDT by Agamemnon (Darwinism is the glue that holds liberalism together)
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To: Cboldt
If it pops up, I'll read the opinion.

It's linked on post 14 of this thread.

My guess is that the court worked a literal reading of the statutes, which provides for access to the ballots (only).

Correct, that's what they said.

49 posted on 07/17/2014 12:47:27 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Hostage

Dirty Judges? In Mississiippppiii?

I’m shocked.


50 posted on 07/17/2014 12:47:47 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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