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

By "deadline" I assume you mean the challenge filing deadline, the one 12 days after certification.

It's somewhat an axiom of law, that the law won't require a person to do something that is literally impossible. So, if it is impossible to produce all the evidence before filing the challenge, the law won't require it. Most suits are notice based, where the challenge/claim doesn't contain the evidence, but asserts it can be gathered. Then comes discovery, with a deadline that is later than the date of filing the suit in the first place.

There is no way to determine the absence of invalid crossover votes without viewing the pollbooks; and from what I heard yesterday in the presser, many of the election officials used the wrong pollbook out of ignorance, so could not even detect an illegal crossover.

I certainly appreciate the urge to have all the ducks lined up before filing the challenge, but I'm not convinced that doing so is a requirement even under Mississippi law.

55 posted on 07/17/2014 12:54:39 PM PDT by Cboldt
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To: Cboldt

Election law is structured different from normal axioms.

Federal courts do not allow their decisions to be rendered moot due to state procedural deadlines. Federal ‘Tolling’ provisions in effect put states in suspension until a federal order has been entered, and then the time clock starts clicking on the next court day following the order.

My point is that the TTV lawsuit order needs to have this tolling provision included. Otherwise if MS courts play games which I think is probable here, then it’s back to federal court to amend the order and that wastes lots of time.


59 posted on 07/17/2014 1:00:59 PM PDT by Hostage (ARTICLE V)
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