Thursday, August 14, 2014

Let the dice fly high: McDaniel files suit against Thad Cochran

State Senator Chris McDaniel filed a petition for an emergency hearing and injunctive relief against Thad Cochran in Jones County Circuit Court today.  The Chris McDaniel campaign issued this press release:
 
Republican Chris McDaniel and his lead attorney Mitch Tyner filed his challenge to the June 24 Republican primary runoff election today.   McDaniel filed his challenge in Jones County.

"Republicans did not elect the nominee on June 24," McDaniel said, "so we are excited for the opportunity for Republicans to reclaim their primary process," he continued. "This challenge is not about the candidates. It is about the integrity of Mississippi's election process, and we are committed to ensuring that process is accurate and fair for future Republican candidates," he concluded.

"The first amendment right of the Party to associate was clearly infringed upon on June 24th," said McDaniel lead attorney Mitch Tyner. "The Party should have arranged for the primary to limit Democratic participation, but the Cochran campaign elicited the exact opposite," Tyner continued. "Since the Republican Party's leadership clearly doesn't trust the Executive Committee to hear this challenge, we have no choice but to file for judicial review."

The challenge details the rampant election integrity problems including maintenance of ballot boxes, fraudulent votes, Insecure ballot boxes and election records, wrongly accepted absentee ballots, loosely documented security of voting machines; unsealed, unsecured ballot boxes in 22 counties, improper record maintenance within ballot boxes in 17 counties. It also includes violations of MS Code 23-15-575 and violations of the 1st Amendment of the United States Constitution.


44 comments:

Anonymous said...

Die Partei gespült wird ein Fackelzug in Ellis unmittelbar nach dem Sieg von unseren lieben Führer und Furher Chris McDaniel zu halten! Chris! Chris!!

Anonymous said...

1. The United States Court of Appeals for the 5th Circuit has already stated that a challenge to the constitutionality of the Mississippi primary election law on grounds of associational rights cannot be raised if there were no internal steps by the party to limit participation to members of the party.
There were no such internal steps in the Republican Party prior to the primary (or in this case by a candidate to request the party to take such steps), thus the likelihood is that a court would find that the case is not cognizable in federal court (and likely similarly not cognizable in state court in challenging the constitutionality of the statute since the state courts will look to federal courts for guidance on this issue). Moreover, it is not clear that an individual candidate has standing the challenge a statute that the Republican Party, which is the entity involved (and would be the proper party to assert the rights of association) is not seeking to declare the statute unconstitutional. If Mr. McDaniel wants to form his own political party with a closed primary, he has every right to do so and seek a declaration that his party has the right to closed primaries. He does not have the right to change the rules of the Republican Party on his own.
The First Amendment argument is pretty much DOA. See Mississippi State Democratic Party v. Barbour, 529 F.3d 538 (USCA 5 2008).
2. If votes were going to be challenged, they should have been challenged prior to the person casting his or her ballot. Post election challenges based on voter intent should not be allowed. The procedure for challenging votes is prescribed by Miss. Stat. Ann. 23-15-579. Since apparently no one was challenged at the polls prior to voting, those votes may not now be challenged.
Moreover, under opinions issued by the Attorney General of Mississippi, state law does not allow a challenge based on lack of party loyalty.

Anonymous said...

The exact same allegations and crap that cannot remotely be received as competent evidence in court. But evidentiary issues won't be reached.

This gets dismissed very quickly in my opinion assuming a senior judge with elect challenge experience is appointed. It is untimely and falls on a simple motion to dismiss.

The Supreme Court will quickly affirm the dismissal as being filed too late.

If my crystal ball has told me correctly, I'll be off to Vegas shortly.

Anonymous said...

Where are the affidavits?

Anonymous said...

wtf?

First Amendment challenge because of Democratic crossovers? Keep smoking that hopium teabaggers!

Woodwork Harpies In 3..2..1 said...

Same bunch of Haley Harpies. Will this bunch of adolescents and wannabee lawyers ever shut their Effing Yaps? Seems not. Stooges and abusers of the constitution, all.

Anonymous said...

Once this foolishness gets rightfully smacked-down in a court of law, will the tea party and team McD dream up yet another conspiracy theory blaming everyone else?

Anonymous said...

From the 5th Cir. case 4:37 cites:
"The critical facts here are that (a) the MSDP has taken no steps internally to limit participation in its primaries to members of the Democrat party, and (b) because of its default, MSDP cannot allege that the Mississippi statute actually has the unconstitutional effect claimed by the party."

Anonymous said...

hello black people you are not welcome. isn't that what this boils down to for the tea party folks in Jones and Rankin county?

Anonymous said...

Can someone please explain to a non-lawyer why Thad Cochran is named as the respondent, not the MS Republican Executive committee? Surely they were the ones who determined that the election had been conducted in accordance with State Law, party rules, etc?

Anonymous said...

Zurück zu Jones County, wo alles beginnt. Sobald die Rinos und Demokraten sind gerötet, dann wird die Partei mehr rein sein. Die Partei muss gereinigt oder zerstört werden, um es von selbst zu speichern. Alle Pseudo-Intellektuellen und Lobbyist Blutegel entfernt werden müssen. Senden Sie mehr Geld.

Anonymous said...

Under the first amendment claim in the suit, and current law, how would voters identify themselves as Republican at the polling place?

Anonymous said...

Chris McDaniel is just the latest incarnation of James K. Varadaman, Theodore G. Bilbo, Ross R. Barnett, Paul B. Johnson, John Bell Williams, Cliff Finch, Jimmy Swan and "Blowtorch" Mason. Did I leave anyone out? Its the same ugly demagogue, over and over, coming back once more to haunt Mississippi, slithering out of the back woods and swamps of the most backward areas and elements to threaten the votes and civil rights of all our people, black and white. Will our nightmare ever end?

Anonymous said...

Senator McDaniel should have put a little more time and effort in insuring the integrity of the electoral process as chair of the senate elections committee if he was really as concerned as he says he is. With all of his campaign fodder and allegations that have come forth, one can only say that he was a failure in his role as chair of the senate elections committee.

Anonymous said...

Party Reinheit!

Anonymous said...

Now you guys get to see the true venom of the tea baggers spit in your direction. How many of you have been cheering them on while they divide our country. Chickens have come home to roost. Doesn't feel good does it.

Anonymous said...

Wenn ist das Nunstück git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput!

Anonymous said...

At this stooge in the drudged out process, I can't help but laugh. ( yes, I meant to misspell)

I'm 27 and I've never voted in my life as my vote would pretty much amt. to jury duty. Also, I saw a lunatic like this coming years ago. God forbid you vote for the "wrong" candidate. Also, the IRS has been weaponized many a time dear tea party, so don't feel singled out!

With all of the negatives for an eligible voter, I surmise with all logical faculties that it's just best not to vote!


Un American you say? Logical I say.
There isn't one damn candidate in this entire state that represents my demographic and it's hilarious because all of these crooks want our votes.

The Dixiecrat is campaigning on 'improving' the most complicated healthcare law known to man and that he's against gay marriage ( big fn whoop!).

The liberal republicans, well, like the tea party I have no clue where they really stand.

And the tea party candidates seem to say the most out of touch ideas in order to get elected.

I saw an old geezer that had a sticker on the back of his truck that said, " Vote for God!"

Maybe GOD SHOULD BE THE WRITE IN CANDIDATE....WE ARE SOOO SCREWED....LMAO

Toejangle said...

To 7:40 pm

You are 27 and have never voted--- based on your post all I can say is Thank You !!

Anonymous said...

He reached his goal....official challenge...which means no refund of contributions. Mission accomplished!

Anonymous said...

First thank you for not voting and please do not ever vote. You are a dangerous idiot.

Spotting The Crazies said...

6:30 is one crazy, damned, deranged MuFuKa.

Anonymous said...

9:38 pm Nailed it! $300.00 buck filing fee and a trip to Disney World. No Refunds!

Anonymous said...

In response to the comment at 6:06,Thad Cochran must be made the defendant in this proceeding since McDaniel is seeking to have Thad removed as the Republican nominee and himself placed on the ballot instead of Thad. As an attorney, like others have already posted, this is DOA. I know that McDaniel is an idiot and has surrounded himself with like minded people, but for some reason, I am still surprised that he would file something like this. I would hate like hell to think that I was being represented by an attorney that is as ignorant as McDaniel, Tyner, and Watson.

Anonymous said...

We just need a little more money to continue the fight...$5, $10, $50...whatever you can give. This guy sounds like Jimmy Swaggart. If the McDaniel supporters want to keep throwing good money after bad, it's their call and their money, but for crying out loud this is killing the MS GOP.

Anonymous said...

So he's suing Thad who has no control over the issues raised so that the court will throw it out, McDaniel can shout corruption, then re-file and beg for more money. Then when Cochran takes office for his next term, they'll sue that all Congressional votes are illegal because there's an unelected representative so they can tap the all the crazies in every state more effectively.
McDaniel and Tyner have a new business model.

Anonymous said...

9:38 Precisely.

Anonymous said...

I understand why 7:40 and too many other young people are turned off.
It's really pretty hard to tell the difference between Republicans and Democrats save for which friends and relatives get the benefits of the " spoils" i.e. our tax dollars.
And, when it comes to abortion and gay marriage and other social issues , there's no distinction within the state .
Both parties have with little resistance gone to war in his lifetime .
Neither party has engaged in real reform in this young man's lifetime.
And what he's seen is a Congress that spent us into a recession followed by a Congress that is gridlocked.
Candidates don't really tell us how they'd accomplish anything they promise to be for or against. They speak in generalities and tell us how awful the other guy is.
I would say to the young man, that it is still important to try to keep the stupid, insane and corrupt out of office. That's all we can do these days.
I say that because in my 50 years of voting, we are still talking about the same problems. It seems to me the real changes, for better or worse, have come from the courts and paying attention to those races and who'll be appointing judges matters.
My father's generation left us in better shape in many ways than what they found. My generation has left this young man worse off for the most part except that race and gender aren't the barriers for him that they were for us.
The thing is, if you young folks don't step up, what you will end up with may be far beyond repair. We could end up like all those countries in conflict. You could eventually be forced to choose sides whether you like it or not.
When everyone gives up, the worst among us will step in to fill the void. That's just what humans have done since the dawn of man. Those who seek power will use the right fighters and ideologues and zealots to make sure you don't get to sit it out.




Anonymous said...

the issue remains, why is it not in our interest to have a honest election? those who voted in the democratic primary could not legally vote in GOP runoff. The methods used by the State GOP to engage AA Democratic Ministers to spread fear and turn out the vote are a internal GOP issue. The State GOP willingly risked tearing the party apart to keep old Thad who if he had a real job would have been retired long ago.

Anonymous said...

9:38 pm that would make sense if his contribution numbers had been high enough, but given his funds on hand in March, that's hard to believe.

He'd surely have to share the money with Mitch and it looks like they'd only be splitting a couple of hundred grand at best. The strategy turns out to be a stupid one if that was their plan as they have massacred their law firms. Future earnings they will lose would have exceeded whatever they end up getting.
Maybe they could have pulled it off if they hadn't been so politically and legally incompetent as to ruin their professional reputations.
I think it more likely that Perry promised them partnerships in Bierne et. al. to go forward and whatever they keep is just icing on the cake.
Again, it's a failed plan for Perry, if that's the case, any hope to use this race to boost his campaign future is trashed. He didn't realize how stupid McDaniel and Tyner could be. Poor Perry believed some, if not all, of what they were telling him in early days.
If Bierne buys out the two law firms, we'll know.
But, then I may just trying to make the irrational, rational when it's just plain irrational.

Anonymous said...

10:26 I think you have unmasked the plan.

Anonymous said...

Can't we find a way to send McD and his merry band to gitmo?

Anonymous said...

8:00 AM: We DID have an honest election. After an excessively throrough review of the ballots, there were a small number of crossover voters, but not nearly enough to reverse the results of this election. The results say that the majority of the voters preferred Old Thad over Crazy Chris.

The truth is that the McDaniel campaign was so poorly run that they could not defeat Old Thad. They acted as if their 1,300 vote lead in the primary was a mandate for change, even calling for Thad to resign before the runoff. The Cochran campaign looked at the large pool of legal voters that did not vote in the primary and figured out a way to erase McDaniel's lead. And guess what...it was not entirely "liberal Democrats". Cochran benefitted from a much larger turnout in Northeast Jackson precincts where he captured 85% of the vote.

Anonymous said...

@ 8:00 a.m.

Who says the election was not honest? I firmly believe the election was honest and handled professionally, or as professionally as can be done.

McDaniel and his followers keep crying the election was dishonest, but when asked for proof of their claim of dishonesty we get nothing. No evidence of dishonesty only cries from THE LOSER.




Anonymous said...

8:00

1. how do you know all the AA voters you reference did not vote for Chris?

2. Do you not want AA to align with Republican candidates?

3. No problem with honest elections, but the insanity thus far is certainly like skinning a pig...for what little fur you get not worth all the squealing

Jim Craig said...

Is venue really in Jones County? I thought that usually venue of any case with statewide implications was exclusively in Hinds County.

Anonymous said...

8:00 am Using that theory EVERY election should be challenged!

There is zero evidence that this was NOT an honest election.

And, EVIDENCE is what is lacking!

There's a difference between an imperfect election ( where no human mistakes are made)and a dishonest election.

If there were proof, surely we'd have seen it by now!

Asking people who are not members of your party or a party to vote for you is not illegal or dishonest. It is not illegal for Democrats who don't vote in the Democratic primary to vote in the Republican primary. This is an open primary state.

We are, after all, voting for someone who will represent all of us , not just the party zealots!

I've gone through everything and there is only ONE person shown on the polls who MAYBE voted in the Democratic primary and then in the Republican. That woman may have just been clueless. But, even still, the one document produced doesn't prove that even she voted illegally! Look at the way they've done this. That one document was a photo of the actually page recording votes. Everything else was just names, including McDaniel's own lawyer!

Evidence! In the USA , we don't think imagining someone did something wrong is good enough!

Anonymous said...


If by chance, this Judge rules against McDaniel what happens then, Is McDaniel going to keep pursuing this?

Anonymous said...

McDaniel claims that a voter who does not support the Republican candidate in November should not have voted in the runoff. He claims that would be an illegal vote.

Does this mean all McDaniel voters who don't support Cochran should have their votes disqualified?

Anonymous said...

Can we just call it like it is? Teapartiers are crazy. Not just a little crazy, but real damn crazy. Laura von Crazy-eyes is the craziest of them all. You tried to get away with it guys. Good job. Way to try pretend your normal. But the jig is up. We are on to you. Go back to facebooking and twittering all day in your underwear.

Anonymous said...

Are you saying that he will keep any money left?

Kingfish said...

What would be funny is if a voter in Hinds or Madison filed a motion to intervene to protect his voting rights.

Anonymous said...

8:01, I'd urge you to look into the finance reports and realize what he had on hand is money before he paid his staff and for other expenditures. If you go back and just note things that he routinely paid for and factored that stuff in, Chris could very easily be low on money. I can tell you for a fact he didn't end up with nearly that amount after the runoff.

Anonymous said...

^^^^^^ Delete the above comment- my bad, didn't read the post thoroughly. I agree with you. I'm out of it, and tired of people gloating that Chris said he ended up with a lot of money without actually looking to see whether that was true or not.

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