Jackson Jambalaya

Even her lawyer said she had no intention of moving into the district. Is she just another democrat who thinks she is above meeting the criteria? WTF??

5-3! I know lawyers on both sides of this one. Correct result, but not as obvious as I thought it would be. "From" does a lot of work in this one. I was born in Jackson; am I "from" Jackson?

Love how there's no evidence at the hearing. Winston F. Kidd.

You just gotta love democrats....they are a good source of entertainment...and its free!!!!!

This kind of thing is far from free.

the new motto of Democrats:
"rules?! what rules?"

Anderson. I agree, although I don't know attorney's on both sides. Know of them if that counts. But agree that it is right decision. And also agree it is not quite as clear as it appears.

Most interesting aspect is as you note; lack of evidence in Judge Kidd's court.

How could this be a 5-3 decision? Either she resides in the district or she does not. Justice is blind, right?

Justices ruled correctly. I agree with those who have mentioned the evidence issue.

“Justice King is correct that 'the statutes regarding Court of Appeals candidates are silent as to when candidates must meet the residency requirement.' However, we need not decide this issue today, because when given the opportunity to present evidence that she would meet the residency requirement, Westbrooks chose not to do so.”

“In Westbrooks’s brief before the circuit court, she attached two documents in an effort to prove that she now resides in District 2. She attached a “Residential Lease Agreement” for a residence in Durant, Mississippi, which she executed on September 11, 2012. The terms of the lease state: “This lease shall commence on the 11 day of September, 2012 and extend until the 11 day of September, 2012. . . .” Westbrooks also attached an “Application for Electric, Water, Sewer and/or Garbage Service,” which she signed on September 14, 2012, that lists the address of the Durant residence. These documents were not admitted as evidence at the hearing, although the record reflects that both attorneys and the circuit judge referenced these documents. Further, Westbrooks presented no testimony concerning her residency or her intentions regarding this lease. In fact, no sworn testimony or physical evidence was presented to the circuit court.”

I agree, Shadow--Either she resides in the district or she does not.

There's no clear definition of "residency" in the Mississippi Code -- and the common sense definition, i.e., actually LIVES in the district, hasn't been the standard in the past. There are a number of candidates who, over the years, have stayed on ballots because of questionable, even laughable, court determinations of "residency."

This isn't a new thing, and it isn't just a Democrat thing. Over the years candidates from all parties have played with what "residency" means when running for office in Mississippi.

It would be a VERY easy thing for the Legislature to fix, but they have never wanted to touch it. They all seem to LIKE the ambiguity.

9:03; humor us. What is your definition?

Residency isn't so easy to determine. What if, like Shadowfax, you're rich and have multiple residences throughout the state? For tax purposes you're a resident of the state if you spent 180 nights there during the tax year, I think, but what qualifies you to run for political office from one place or the other? Homestead exemption is a good way, but what if you don't claim it in any residence? It may be clear cut in this case, but not always.

Setting aside the legal arguments, why did the SOS and Election Commission wait so long to take action? She qualified in May. They didn't say anything until apparently August 30. In the meantime, people have, I'm sure, given her money and volunteered for her. And she has taken time away from a law practice to campaign. That's unfair and unnecessary, and also did not allow her time to cure any residency deficiency. Perhaps that was the goal.

Rep. Jim Evans LIVES in Rolling Meadows (39211), but represents black inner city district. Go figure.

Not everyone has to obey laws.......silly wabbit.

Where one claims homestead Bill is nothing more a bad good ol' boys joke and I think you know that.

Bobby Moak (D-Madison) has lived in Annandale -- not Bogue Chitto -- for at least a decade. His boys went to and graduated from JA. He doesn't claim homestead in Madison but that is merely a formality.