Wednesday, July 18, 2012

Updated. AG rules Graves can not be on the ballot

Updated with copy of opinion

The Attorney General issued an opinion stating Incumbent Ward 2 Election Commissioner Candidate Bobbie Graves and Ward 5 candidate Blonda Mack can not be on the ballot in November. Ms. Graves submitted her qualifying papers to the chancery clerk the day after the deadline. State law mandates qualifying ends at 5:00 PM on the first Monday in June and the papers must be submitted to the chancery clerk. If she is not placed on the ballot, Josephine Anderson will run unopposed.

While board attorney Crystal Martin suggested at the meeting of the Supervisors cases from Washington and Smith counties suggested "substantial compliance" with the law was the standard, the AG said nope, statutory deadlines mandate "strict compliance" and the two candidates are thus not place on the ballot.


Anonymous said...

glad to know that our AG can issue a common-sense opinion - wonder how our moronic board will take the news.

Pete Perry said...

There is no surprise here. The AG has never issued an opinion on this matter because the statute is so clear that nobody has ever needed an opinion as to what it says. There is no room for any "discretion" in any part of this law; although our Board of Supervisor's attorney, Crystal Martin, tried her best to lead the supervisors into believing that they could use their "discretion".

Nothing new here - certain members of the Hinds Board of Supervisors believe that the laws don't apply to them. Surprising fact here is that they actually asked for an AG opinion rather than just bullied themselves forward.

Shadowfax said...

Miss Kris-tchul will now opine that this is 'only an opinion'.

Anonymous said...

Can she run as a write-in? Can her supporters write?

Anonymous said...

Nope, she cannot run as a write-in. Write-in votes do not count in Mississippi unless a candidate in a general election dies before the election but after the ballots have been approved and produced.

Some election officials will report how many write-in votes were cast in a given election, but outside that specific circumstance those votes do not count.

Anonymous said...

Well, not just dies -- withdraws, too, for any reason. Basically, the candidate's name is on the ballot but the candidacy is no longer valid. It's for that circumstance only that our ballots have a place to write in the names of alternate candidates.

Anonymous said...

KF, did you see the video of Stokes last night? City took down paper signs from public property locations, lady in car and staple gun putting them back up, then the interview with Mrs. Stokes. You've got to see it.

Anonymous said...

Anonymous said...

I din do nuffin.

Anonymous said...

Dey is bio-degradbubbl. In 20 years they be gone.

Anonymous said...

So "substantial compliance" is only good in horseshoes and hand grenades....

Pete Perry said...

4:20, the way a couple of our election commissioners, including now lame-duck Commissioner Bobby Graves, act when they are supposed to be enforcing the election laws - it is very similar to hand grenades. Problem is, election laws don't provide for "substantial comlpliance" for a reason. Elections that are decided by only a few votes need "exact compliance", to insure that the winner actually wins.

Also, in the case of these filings, just because Clerk Carr and Attorney Martin (the Board atty Martin, not Ms. Graves' atty Martin) claim that there was "substantial compliance", there wasn't even anything close to complying. Due to be filed by 5:00 p.m., filed by 9:30 a.m. the following day. Not close to substantial!

Anonymous said...

Gee Pete. They were only trying to go where the Kenyan has gone by enforcing some laws and outright not enforcing others.

Anonymous said...

Good point, 5:03. Guess they have to follow the leadership model given to them by their leader!

Anonymous said...

Pete Perry is a rightwingextremist!

Anonymous said...

7:38? Even if true, so what? He's right.

Shadowfax said...

I've known all my life it's illegal to put signs on wooden utility poles, primarily due to safety issues. Now comes Stokes to tell me the power company has not got that right? What's this got to do with 'bio-degradeable'? I've never seen a degradeable nail, staple or tack. The bumbling-duo should be hauled into court by the companies who own the poles.

Kingfish said...

I just have one question for Mr. Martin. If I decided to run for Supervisor next time, does that mean if I turn in my papers to the chancery clerk instead of the circuit clerk as directed by statute, the constitution mandates Eddie Jean has to give it to Barb if I want to?

Shadowfax said...

That would be the outcome-based model at work, Kingfish. It wouldn't matter even if you filled out your papers in disappearing ink. It matters not that you followed instructions or passed the test of proper registration. What matters is that you tried. So, yes, you would be allowed to run.

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