Guest Blogged by Steve Heller of VelvetRevolution’s Election Protection Strike Force…
On Friday, Judge Tomi Green of the Hind County, Mississippi, circuit court issued an order [7 page pdf] pertaining to the case of Trudy Berger, et al. vs Governor Haley Barbour and Secretary of State Delbert Hosemann. For background on this case, see our coverage from Thursday, but in brief, Barbour and Hosemann recently issued a sample ballot for the upcoming general election, as required by state law. They buried the special election for Senator Trent Lott’s (R) old seat — between former Mississippi governor Ronnie Musgrove (D) and Roger Wicker (R) — at the very bottom of the ballot, even though state law requires that races for federal office must be at the top of the ballot.
Despite the clear state law, Barbour and Hosemann claimed that, because this was a special election, it should go at the bottom of the ballot. We believe it was an attempt on their part to “hide” the race, because while Wicker is slightly ahead in the polls currently, he is thought to be vulnerable and Musgrove, a popular former governor, may well unseat Wicker (who was temporarily appointed by Barbour to fill Lott’s seat following his resignation at the beginning of the year.)
In Judge Green’s ruling, she ordered the Governor and Secretary of State to follow the law. She ordered that the Musgrove/Wicker race must be near the top of the ballot with the other federal races. She found that because the Musgrove/Wicker race is a special election, it should be indicated as such not by placing it at the bottom of the ballot, but that it “must be accomplished by simply bold typing ‘SPECIAL ELECTION’ as a ‘header’ above the title of the office sought.”
Barbour has announced he will appeal the decision…
Of note is a letter [2 page pdf] that the Brennan Center for Justice sent to the Governor, Sec. of State, and Attorney General of Mississippi. The letter was released by the Attorney General Jim Hood, and reads in part:
UPDATE 9/18/08: The largely-Republican Mississippi Supreme Court has issued their decision. They have interpreted state law as requiring that the senate race be at the top of the ballot with the other federal races, but they have declined to order Barbour and Hosemann to obey the law. Wrote Justice Jess Dickinson:
…
“The Circuit Judge exceeded her authority, however, by ordering the Governor and Secretary of State to prepare the ballot in a particular manner, and to take other actions with respect to the upcoming election.
The Governor and Secretary of State must be allowed to attend to their constitutional duties, free of interference by way of mandamus, injunction or instruction. Of course, once the Governor and Secretary of State act, their decisions and actions are then subject to judicial review.”
In a somewhat snarky dissent by Justice Oliver Diaz, he called the ruling “little more than a dressed-up request” for the governor to follow the law.
This is my favorite part of Diaz’s dissent: “Given the governor’s recent success at convincing seven members of the Court that a year is sometimes not a year … one cannot fault him for daring to return to our chamber and insisting that the top is sometimes not the top.”
According to Barbour’s spokesman Pete Smith, the governor will comply with the ruling. And Hosemann’s office said they are “working to comply” with the ruling.
WOW, a judge that actually adheres to the rule of law, how quaint.
These people don’t need to be “strongly urged” they need to be “legally forced.” BEFORE THE ELECTION, NOT AFTER!!!
Dilbert Hose man, you can’t make this shit up!
The psy-ops Republican campaign.
After talking with a few uninformed voters, the “Obama is a secret Muslim” meme has took.
Now, a bankruptcy lawyer, who likes things the way they are by the way, is putting out a Muslim terror DVD distributed in most of the swing states newspapers through an astroturf called the Clarion Fund:
Dirty MFers
They wouldn’t be trying to bullshit us now, would they?:
Link
This deserves national attention IMO:
Link
The offensive joke Link
Party unity my ass
BTW, Floridiot, to the unlearned creeps who seem to believe the vile canard that Obama is a “Secret Muslim,” a historical and theological point might be useful – THERE CAN BE NO SUCH THING AS A “SECRET MUSLIM!” The Koran (“Quran”) SPECIFIES certain items of comportment and behavior that are dead giveaways to anyone who knows anything about the faith. For only ONE example, facial hair for males. And the commanded six-times-a day prostration, et cetera. No, anyone who knows anything knows he’s no such. Of course, you’re talking about the great unwashed herd of sheep that will believe ANY plausible lie that helps them excuse their bigotry, but such stupidity in the 21st Century is unforgivable!
Hey Flo and Tedeger, nice work. Thanks!
Still imagining you dancing on the beach Phil. 🙂
Haley Reeves: The Demon Barbour of K Street
http://www.dailykos.com/story/2.../17/135121/982
– Tom