Monday, July 21, 2014

McDaniel asks Supreme Court for another swing.

State Senator Chris McDaniel asked the Supreme Court to reconsider its denial of his petition for a writ of mandamus against Harrison County last week.  He filed the petition against Harrison County after the Circuit Clerk said he must pay for copies of the "poll books" that redacted date of birth information for registered voters.  The plaintiff made the following points:


1. The poll books from Hinds County contained "handwritten notations" made by poll workers.  Mr. McDaniel argues those notes made the poll book part of the record and was not just a poll book. The poll worker wrote "voted" after each name. The poll book in effect became a tally sheet.  Mr. McDaniel even refers to them as "election records (a/k/a tally lists)".  He charges the AG and Circuit Clerk "obscured the character of these election records by characterizing them as 'poll books'...".

2.  The election code gives the candidate the right to inspect "tally sheets".  (p.3)

3.  Photocopying prevents the campaign workers from seeing the original handwriting as well as comparing the "color and nature of the ink used".

4. The court did not address the issue of costs in its order. 

The Harrison County response will be posted later today.



16 comments:

Anonymous said...

How could McD ask for a rehearing when he already received on July 17 an En Banc decision of the Mississippi Supreme Court? Is there some part of the words En Banc McD's lawyers do not understand?

Anonymous said...

3:09
I do not sympathize with McDaniel and I do not think he had a chance here. That being said, Rule 40 of the Mississippi Rules of Appellate Procedure does permit parties to file a motion for rehearing within 14 days after a decision is handed down. However, that is for decisions handed down on the merits. I am not sure if that also applies to petitions for mandamus relief.

Anonymous said...

He'll be asking for "another swing" at least through January 30, 2015, long after the winner of the general election is sworn in. Sheesh.

Anonymous said...

After reading all 12 pages of that, I was very sad that Exhibit A wasn't attached.

Anonymous said...

It is hard to count the number of ways the "McD team" is making a fool of itself here.

1 - Poll books are tally sheets because the word 'voted' is written in them. The statute instructs a poll worker to write the word "voted" in the "poll books".

So now that the poll worker did his/her job, the poll book is no longer a poll book but is a tally sheet because we have the right to inspect a tally sheet.

The "tally sheets" in the statute refers to the sheet where a poll worker counts how many votes for each candidate has been cast - literally a tallying of the actual votes.

Can someone please explain to Mitch/Michael that the words in law have meaning?

2 - EnBanc means the whole court, not a 3 judge panel. But that's already been discussed; McD's team of crack attorneys are still on crack and can't understand this.

3 - You can't compare handwriting from a photocopy? Do the capital letters become little letters; script become print? What happens in this photocopying process?

4 - You want to see the color of ink used? Ok, have them make color copies - but you will have to pay more per copy.

5 - Admit it; the McD team wants to use this red herring to smell up the street enough to be able to claim they were hindered and unable to uncover all of the fraud and corruption. It's all George Bush's fault that they can't file their bullcrap contest.

Anonymous said...

Isn't McDaniel chairman of the senate elections commission? Shouldn't he have realized this while chairman on the taxpayers payroll instead of after he lost and needs money from innocent kool aid drinkers ??

Anonymous said...

This should have been posted under "Lesson in how not practice law v2"

Anonymous said...

Nope.

It should be posted under hanging chad v2.0

"Photocopying prevents the campaign workers from seeing the original handwriting as well as comparing the "color and nature of the ink used".

Anonymous said...

Color of ink used???

What, if its black ink it should not be counted?

This dude has lost his fucking mind.

Is there a room near Rose for this cat? Too soon?

Anonymous said...

It appears that CM (and Tyner and Watson) speaks less legalese than I do, and I didn't go to law school. Dayum, can they display their ignorance anymore clearly? And I'm not a Haley Boy or a clear-cut Republican. This is just a plain ole walkin' around common sense guy here.
Razor

Anonymous said...

I'm still trying to understand why notations on Hinds poll books have anything to do with Harrison County. I thought it was a typo at first, but apparently not. That's not the only head scratcher in the motion, like raising constitutionality for the first time. Just a really weird motion. I predict it will end up in the trash.

Anonymous said...

I've stayed out of this ruckus, but the pro-Chochran people are just as, or more, irritating than the pro-McDaniel people. It ain't over until the fat lady sings and all the braying on blogs and Facebook will not change a darned thing other than to irritate an already over-irritated voting populous. When did the vulnerable and sick Mrs. Cochran become "Rose" in print. How disrespectful. God Bless Mississippi.

Anonymous said...

"When did the vulnerable and sick Mrs. Cochran become "Rose" in print."

Probably when her husband became "Thad" in print?

Stop wasting time trying to distract everyone from the big picture. He has fund almost ZERO instances of anyone who voted in the Democratic primary and the Republican runoff. Game over.

Anonymous said...

@9:18 AM Amen to that! The pro-Cochran people are just as obnoxious if not more so than the pro-McDaniel people. Case in point, it took @ 10:10 AM only 52 minutes to start braying and squealing and declaring "game over'...lol

Anonymous said...

11:18AM How does the amount of time to respond to asinine remark make said remark valid. One would have that McD would have solidified a chance for the seat in 2020 with his showing but with the racism and anger of his followers one now wants a closer look at Carey

Anonymous said...

To 1118. Just curious,since it took you 68 minutes to respond to 1010's comment, should I deduct that 1010 is; 1) faster to respond by virtue of being smarter or wittier than you, 2) you were busy watching Judge Judy re-runs on television and got caught up in real life diversions, 3) you were on a lunch break and just found time to check JJ for the latest updates on CM's latest ass-kicking? 4) you are bored shitless and sitting shirtless in a thong mankini and finally found your way back to JJ for an update.

I'm really asking here, since I know you are lurking out there in the Interwebs, watching everything online and having an opinion, with or without real world life going on around you, where you really "lol" or is that your attempt at being accepted into some semi-veiled online religiosity by declaring "Amen" to 918's comment? Just curious...



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