Did McDaniel challenge miss the deadline?

posted at 6:01 pm on August 25, 2014 by Ed Morrissey

Last week, preliminary court action began on the election challenge filed by Chris McDaniel in seeking to overturn the runoff election of Thad Cochran for the Republican nomination for US Senate in Mississippi. Is it already too late, however? WAPT highlighted last week one of the legal challenges Cochran’s team has raised, and it may end up being an insurmountable obstacle:

The Jackson Clarion-Ledger’s Geoff Pender followed up today on the expiration date for challenges. While the law does not specify an application to statewide elections, the state supreme court set the precedent decades ago that the expiration date applies to all elections in Mississippi:

As he worked for weeks building a case and campaigning that the election was stolen from him, McDaniel’s team said a 20-day deadline applies only to challenges of county and local elections, not a statewide U.S. Senate primary. Others, including the secretary of state, agreed with him.

“Justice has no timetable,” McDaniel said numerous times when questioned why it was taking so long to file his challenge of the June 24 GOP runoff for U.S. Senate.

But a 1959 state Supreme Court ruling appears also to apply the 20-day deadline to “state, congressional and judicial district” primaries. Citing this ruling, Cochran’s legal team has filed a motion to dismiss McDaniel’s lawsuit. McDaniel has until Tuesday to file a response, and a hearing on the motion is set for Thursday.

The section of state law on county election challenges says the first step, filing a case with the party’s executive committee, must be done within 20 days of the election. A following section on statewide and district challenges does not contain the deadline language.

But the high court in its 1959 ruling on a Democratic district attorney primary said the code sections were part of a single act passed by the Legislature. It ruled that it would “be senseless” to assume that deadline, aimed to keep general elections on track, would not apply to races for all other offices.

The court said the two sections are “in pari materia,” which I believe is Latin for, look at the whole thing together, dummy.

Cochran’s attorneys have already filed the motion to dismiss the challenge on the basis of the deadline, citing the 1959 precedent:

In court papers, Cochran’s attorneys cited a 1959 Mississippi Supreme Court decision that a challenge to a statewide election must be filed within 20 days of when results are certified. They said that means McDaniel had a July 27 deadline. McDaniel filed suit Aug. 14 in his home of Jones County, asking a judge to either declare him the winner of the June 24 runoff or order a new election.

Retired Chancellor Hollis McGehee, who was appointed by the state Supreme Court to oversee the case, has set a Sept. 16 trial date but will hear arguments Aug. 28 on pretrial motions, including Cochran’s request to dismiss the case.

McDaniel has a substantial burden in court: He must prove there were enough illegal votes to change the outcome or that the runoff was so shoddily conducted that it should be done over.

Cochran attorney Phil Abernethy said in court papers that McDaniel’s case “is based primarily upon allegations of isolated and episodic election irregularities, errors and violations that are legally insufficient to support an election challenge under the Mississippi Election Code or federal law.”

The issue raises a few questions, primarily about how the McDaniel team missed the deadline in the first place. Most states have these kind of statutory limits on challenges for entirely rational reasons — they have to hold elections and fill seats. One cannot expect the state to wait forever to hear from plaintiffs seeking to overturn the results of an election, although Mississippi law is rather curious on the point, too. According to MBJ, if the court case drags on past the general election but overturns the primary, they will have to hold a new primary and a new general election regardless of how the regular general election turned out. That may play more to McDaniels’ point, which is that the state’s statutes are oriented toward “justice” rather than speed.

That still will be a tough argument to win, though, especially with the existing precedent. The presiding court will presumably act within the 1959 precedent unless Team McDaniel can come up with a really good explanation for why they were more than two weeks late with their challenge other than “justice has no timeline.” It would take the state supreme court to overturn their own precedent eventually — the losing side of this argument this week will certainly appeal it —  and again, they’d have to find a pretty compelling reason to do so other than just a failure of a campaign to work within the time frame that has succeeded for decades in Mississippi. Perhaps McDaniel’s attorneys can come up with a winning argument by Thursday’s hearing, but they’ve left the court a pretty wide opening by which to wash their hands of the whole affair … and it’s usually wise to bet on the path of least resistance for judges.


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The state supreme court could easily say that due to the lack of initial cooperation from the local precincts in opening up their books that the 1959 decision isn’t binding with respect to this case.

Stoic Patriot on August 25, 2014 at 6:06 PM

So what you’re saying is that McDaniel hired lawyers in the bag for GOP establishment

phreshone on August 25, 2014 at 6:06 PM

Competence in campaigns and elections…

JohnGalt23 on August 25, 2014 at 6:14 PM

McDaniel will lose on this. Election laws are always enforced to the very letter, without fear or favor, whenever it is to the benefit of a Democrat or quasi-Democrat to do so.

Fabozz on August 25, 2014 at 6:15 PM

The GOP never learns.
If they piss off the base then they will just stay home.
You cannot poke the voters in the eye and then expect them to turn out.
The people who voted for McDaniel now absolutely despise Cochran and his cabal of sleazy cronies.

NeoKong on August 25, 2014 at 6:16 PM

Ok, this is WAY off topic but…

The lost have been found:

Lois Lerner’s emails aren’t missing after all, lawyers say

I would guess no one here is at all surprised that the IRS has been lying to Congress and the rest of us for months, huh?

climbnjump on August 25, 2014 at 6:18 PM

This thing is still going on? Oh lord!

coolrepublica on August 25, 2014 at 6:19 PM

I can’t vote in Missisippi (well, maybe I can but I won’t) but if my choices were Cochran and the Democrat, I’d vote for the Democrat. Just this one state to teach some people a lesson.

Cindy Munford on August 25, 2014 at 6:20 PM

We’ll see.

As always, it depends on the judge and, in these times, how many people are really exercised over it.

formwiz on August 25, 2014 at 6:22 PM

Wow a lot of Galt’s around.

This really looks like a Sore Loser Dispute. Any viable candidate would have had the case in within the 20 days. The is only like 120 days between the primary and the general. If a judge rules in favor of McDaniel, then there would be a primary rerun 21 days later, leaving only like 30 days to the general.

Yes I wanted McDaniel, but this makes Todd Aikin I am breakin look good.

Jay Galt on August 25, 2014 at 6:22 PM

The people who voted for McDaniel now absolutely despise Cochran and his cabal of sleazy cronies.

NeoKong on August 25, 2014 at 6:16 PM

Like the ones who went into a nursing home and photographed an invalid woman and put it on the web? Oh wait…

V7_Sport on August 25, 2014 at 6:23 PM

sure it had nothing to do with having to fight the party to get the info to begin with…..

dmacleo on August 25, 2014 at 6:28 PM

He’s trying to fight the establishment. He should know that any technicality will be not likely be adjudicated in his favor. Missing the deadline was… foolish.

Midas on August 25, 2014 at 6:30 PM

So all they have to do is drag their feet and presto! Problem (of Conservative who lost because the Establishment cheated) is solved!

Got it!

Cheat and stonewall. Just the kind of people I want representing me in Congress.

UnderstandingisPower on August 25, 2014 at 6:34 PM

McDaniel lost. Politics is tough, and yes, regrettably, he lost ugly.

Cochran will cruise to re-election and every seat matters to demote Dirty Harry.

I am tired of the sour grapes and the nonstop HA stories on this ancient history.

matthew8787 on August 25, 2014 at 6:37 PM

How about the rest of McDaniel’s case? Does it have any merit? Or are we just shooting around legal loopholes?

Raquel Pinkbullet on August 25, 2014 at 6:39 PM

How about the rest of McDaniel’s case? Does it have any merit? Or are we just shooting around legal loopholes?

Raquel Pinkbullet on August 25, 2014 at 6:39 PM

HA won’t cover it.

It’s too bad that I lack spare change, or I’d donate to Travis Childers.

nobar on August 25, 2014 at 6:42 PM

I am tired of the sour grapes and the nonstop HA stories on this ancient history.

matthew8787 on August 25, 2014 at 6:37 PM

Non stop Hot Air stories? What Hot Air have you been reading? And you can be tired of sour grapes as much as you want but a lot of us are sick of being expected to support people who don’t believe in the things they campaign on and think we are too stupid to notice.

Cindy Munford on August 25, 2014 at 6:42 PM

Missed the dead-line,…le terriffic it is not!!

canopfor on August 25, 2014 at 6:43 PM

V7_Sport on August 25, 2014 at 6:23 PM

We assume that mastermind killed himself, was that not enough for you?

Cindy Munford on August 25, 2014 at 6:43 PM

MeanWhile,…….speaking of Primaries:

2014 U.S. ELECTION CALENDAR

AUGUST 26, 2014:
Arizona – Primary Election
Florida – Primary Election
Missouri – Filing Deadline (Other Parties & Independents)
Oklahoma – Primary Run-Off Election
Oregon – Filing Deadline (Third Parties & Independents)
Vermont – Primary Election

http://www.politics1.com/calendar.htm

canopfor on August 25, 2014 at 6:46 PM

Cindy Munford on August 25, 2014 at 6:42 PM

Cindy, don’t you know that you’re just expected to vote for the party because……

nobar on August 25, 2014 at 6:49 PM

I am tired of the sour grapes and the nonstop HA stories on this ancient history.

matthew8787 on August 25, 2014 at 6:37 PM

Non stop Hot Air stories? What Hot Air have you been reading? And you can be tired of sour grapes as much as you want but a lot of us are sick of being expected to support people who don’t believe in the things they campaign on and think we are too stupid to notice.

Cindy Munford on August 25, 2014 at 6:42 PM

Hear! Hear!

novaculus on August 25, 2014 at 6:50 PM

nobar on August 25, 2014 at 6:49 PM

What I know and what I do could be two very different things.

Cindy Munford on August 25, 2014 at 6:51 PM

So all they have to do is drag their feet and presto! Problem (of Conservative who lost because the Establishment cheated) is solved!

Got it!

Cheat and stonewall. Just the kind of people I want representing me in Congress.

UnderstandingisPower on August 25, 2014 at 6:34 PM

That was my first thought also.
It works well for Obama. Just ignore something (F&F, Benghazi, IRS, “Red lines”, etc etc) and *poof* they go away.

Mimzey on August 25, 2014 at 6:51 PM

AS someone who lives in the northwest corner of Mississippi, you had better believe that the Mississippi GOP knows exactly how mad their conservative base is over this.

And, if they ignore it as if it never happened, they will pay for it in November

kingsjester on August 25, 2014 at 6:52 PM

And, if they ignore it as if it never happened, they will pay for it in November

kingsjester on August 25, 2014 at 6:52 PM

But isn’t it out of their hands now? It seems like it’s up to a judge now.

Cindy Munford on August 25, 2014 at 6:54 PM

Oh, Lord. Back before our courts – and the lawyers – controlled everything Thad Cochran would have been disabled from tomato concussions and it’d all be very simple.

JEM on August 25, 2014 at 6:55 PM

sure it had nothing to do with having to fight the party to get the info to begin with…..

dmacleo on August 25, 2014 at 6:28 PM

Then he should have gone ahead and filed the challenge, then appealed to the judge that exculpatory evidence was being withheld. At least the challenge would be before the deadline. Work through the other issues after you get that done.

And I say that as someone who despises what Cochran and the GOPe have done in this runoff.

Bitter Clinger on August 25, 2014 at 6:59 PM

V7_Sport on August 25, 2014 at 6:23 PM

We assume that mastermind killed himself, was that not enough for you?

Cindy Munford on August 25, 2014 at 6:43 PM

As much as this was enough for you. Harry Reid out as majority leader will be enough for me.
Both of these candidates are scumbags, they have both demonstrated that conclusively. If I lived in Mississippi I would in quick succession: 1) Vote to keep Reid out and go home and take a shower and 2) hire a moving van to get me the heck out of Mississippi because this whole thing was ugly.
Voting for democrats after the past 6 years isn’t OK.
But we’ve had all this out already.

V7_Sport on August 25, 2014 at 6:59 PM

McDaniel lost. Politics is tough, and yes, regrettably, he lost ugly.

Cochran will cruise to re-election and every seat matters to demote Dirty Harry.

I am tired of the sour grapes and the nonstop HA stories on this ancient history.

matthew8787 on August 25, 2014 at 6:37 PM

As am I. Cochran won. Southern politics have never been pretty, never been fair and often illegal. But it is what it is, and McDaniel needs to bind his wounds, collect his dead, and regroup for the next fight.

This one is over.

Conservative Mischief on August 25, 2014 at 6:59 PM

V7_Sport on August 25, 2014 at 6:59 PM

I have no problem with gridlock.

Cindy Munford on August 25, 2014 at 7:04 PM

But we’ve had all this out already.

V7_Sport on August 25, 2014 at 6:59 PM

Yep, and we still disagree and since neither of us are in Mississippi, it doesn’t make any difference. I doubt that anyone there is the least bit worried about what either of us think.

Cindy Munford on August 25, 2014 at 7:07 PM

This will end with McDaniel in a straight jacket pounding against the walls of his padded cell.

Mark1971 on August 25, 2014 at 7:07 PM

I have no problem with gridlock.

Cindy Munford on August 25, 2014 at 7:04 PM

You’ll have it until poodle eater goes back to Chicago. 51 GOP seats will just be a check on his power.
Committee assignments, court appointments, passing a budget which is required by law, if there is another supreme court appointment, all these things are important. Most importantly will be a check on his power to make executive orders like he is planning with illegal immigrants.

V7_Sport on August 25, 2014 at 7:12 PM

As am I. Cochran won. Southern politics have never been pretty, never been fair and often illegal. But it is what it is, and McDaniel needs to bind his wounds, collect his dead, and regroup for the next fight.

This one is over.

Conservative Mischief on August 25, 2014 at 6:59 PM

And that’s very well not going to happen. McDaniel is basically shattering the base with this, and combined with Cochran’s antics, this could turn out to be really ugly come November.

Of course, Cochran should be blamed for this. But the DIABLOs within the GOPe won’t bother with that.

Harry Reid out as majority leader will be enough for me.

V7_Sport on August 25, 2014 at 6:59 PM

Turtle McConnell. Whoopie. Another wimpy GOPer who fails to lead in anything he does. Except bring home the bacon and pork (and tons of it) to Kentucky.

In comparison to that, the addled mind of hyper-partisan stroke victim Dingy Harry is at least tolerable. I know what to expect out of that nutcase.

Myron Falwell on August 25, 2014 at 7:13 PM

So what you’re saying is that McDaniel hired lawyers in the bag for GOP establishment

phreshone on August 25, 2014 at 6:06 PM

It probably just means he hired stupid/lazy lawyers.

I worked for a lawyer for many years. I saw him win a case because he went back to musty old county law statutes from the late 1800s and early 1900s and found a gem of a precedent upon which to base his arguments.

His younger, more cocky, opponent, the lawyer for the Zoning Board, thought he knew it all and argued what most other lawyers would have argued – and He Lost.

I have seen, time and time again, cases get thrown out of Court because the laywers missed the deadlines proscribed by the Law. It’s not unusual. Just stupid and/or lazy (or too darn cocky).

Greyledge Gal on August 25, 2014 at 7:15 PM

Committee assignments, court appointments, passing a budget which is required by law, if there is another supreme court appointment, all these things are important. Most importantly will be a check on his power to make executive orders like he is planning with illegal immigrants.

V7_Sport on August 25, 2014 at 7:12 PM

Boilerplate GOPe rhetoric with nothing to back it up.

Of course, McConnell will reinstitute the filibuster, allow Obama’s court appointees to be confirmed with no objections, make no contesting moves against any of Obama’s policies, and will have no problem with any DIABLO within the GOPe wandering off the reservation and making deals with F. U. Schumer or Elizabeth Warren. Because bipartisanship.

This is a boring argument that isn’t even worth bothering to continue with.

Myron Falwell on August 25, 2014 at 7:17 PM

The Judge in this case is a little different….he is a retired judge brought back to hear this. He is also a minister and has a record of following his own mind.

I believe he will hear the case but will not overturn the election. That’s just my guess.

I’m glad to see HA paying attention to #mssen all of a sudden?

The big question is who will Haley Barbour pick as Thad’s replacement since he will not complete another six year term.

d1carter on August 25, 2014 at 7:19 PM

51 GOP seats will just be a check on his power.
Committee assignments, court appointments, passing a budget which is required by law, if there is another supreme court appointment, all these things are important. Most importantly will be a check on his power to make executive orders like he is planning with illegal immigrants.

V7_Sport on August 25, 2014 at 7:12 PM

Dude. You’re living in fantasy land. Keep voting for statists and you’ll keep getting statism.

besser tot als rot on August 25, 2014 at 7:20 PM

V7_Sport on August 25, 2014 at 6:23 PM

We assume that mastermind killed himself, was that not enough for you?

Cindy Munford on August 25, 2014 at 6:43 PM

No reason to believe that Mark Mayfield was involved in what was done in any significant way. There is virtually no evidence of it to date, and the initial hearing was a farce.The process was clearly abused by his political enemies who took his ability to earn a living and destroyed his life by overcharging him on highly questionable allegations in a case where it is entirely unclear that any crime was committed. When a pillar of the community (his main clients were banks) with no prior record has his bond set higher than the bonds the same judge sets for homicide and robbery defendants, you know there are corrupt and illicit agendas involved.

Yes, I know they have a guilty plea from one poor, sick old man whom they offered a clear record in return for a plea. He had just witnessed what the did to Mayfield and had neither the resources nor the stomach for war on the part of corrupt political forces using taxpayer resources to fund their political persecutions. But none of the charges have been proven or even found to have probable cause except by one judge, appointed by the same mayor who sent a squad of cops armed with rifles, sirens blaring and lights flashing to arrest Mayfield in a perp walk intended to humiliate and shame him.

There’s not just one stench coming from the state of Mississippi. The state is a shithole of political corruption, the worst in the nation. Trying to clean it up will take years while corrupt parasites like Haley Barbour pervert every wheel and lever of government they control in their fight to retain control of the taxpayer dollar gravy train.

novaculus on August 25, 2014 at 7:20 PM

Cornyn will miss my vote because he participated in this mess.

DanMan on August 25, 2014 at 7:21 PM

Most importantly will be a check on his power to make executive orders like he is planning with illegal immigrants.

V7_Sport on August 25, 2014 at 7:12 PM

How? Because he is so scared of the Republicans? Shoot, if the Republicans get the Senate, “comprehensive” immigration is a done deal and securing the border will be a bigger farce than it is now.

Cindy Munford on August 25, 2014 at 7:21 PM

Thousands of Mississippians will stay home or vote Dem this fall…Many are angry at Haley Barbour for his nullification of their vote….as they see it.

d1carter on August 25, 2014 at 7:21 PM

If he waited too long to file, he’s SOL. The general election is in just a few months, why didn’t he file right away? It sounded like he had plenty of cause.

(I actually thought he had filed.)

talkingpoints on August 25, 2014 at 7:21 PM

In comparison to that, the addled mind of hyper-partisan stroke victim Dingy Harry is at least tolerable. I know what to expect out of that nutcase.

Myron Falwell on August 25, 2014 at 7:13 PM

Yes, a literal traitor who has bankrupted the country while getting filthy rich, a POS who capriciously, cynically got Americans killed for a few approval points, an inveterate liar who doesn’t know what truth is anymore.
Bring on the shell-less turtle.

V7_Sport on August 25, 2014 at 7:22 PM

Voting for democrats after the past 6 years isn’t OK.

V7_Sport on August 25, 2014 at 6:59 PM

You know that the Republicans have held the power of the purse for 4 of those years, right?

besser tot als rot on August 25, 2014 at 7:22 PM

Bring on the shell-less turtle.

V7_Sport on August 25, 2014 at 7:22 PM

Your expectation of different results other than the size of McConnell’s office is adorable.

besser tot als rot on August 25, 2014 at 7:23 PM

Committee assignments, court appointments, passing a budget which is required by law, if there is another supreme court appointment, all these things are important. Most importantly will be a check on his power to make executive orders like he is planning with illegal immigrants.

V7_Sport on August 25, 2014 at 7:12 PM

Between 2000 and 2007 what did we get for having the House, the Senate and the White House? A whole bunch of progressive stuff. Even the conservativish tax cut just made taxes more progressive rather than flatter and had an expiration date set certain. Oh and John Roberts, lets not forget we got Chief Just John Roberts.

astonerii on August 25, 2014 at 7:25 PM

Shoulda filed some papers by deadline. The evidence for the trial could have been collected while suit pending. They didn’t need to file their whole case with preliminary papers. Guess the lawyers were waiting to get paid in advance and waiting for funds to be collected. What else would be the answer? It doesn’t take a F. Lee Bailey to file a simple law suit alledging election fraud. T party group, True The Vote filed their lawsuit promptly. Guess they didn’t have scummy lawyers waiting to get paid up front.

they lie on August 25, 2014 at 7:26 PM

novaculus on August 25, 2014 at 7:20 PM

Sorry, I had no idea. It does sound like a complete mess. Up until now I was just disappointed that Haley Barbour turned out to be such a creep but the whole state is a mess. It make me question my judgement and all Republicans.

Cindy Munford on August 25, 2014 at 7:28 PM

How? Because he is so scared of the Republicans? Shoot, if the Republicans get the Senate, “comprehensive” immigration is a done deal and securing the border will be a bigger farce than it is now.

Cindy Munford on August 25, 2014 at 7:21 PM

The only thing that has stopped amnesty at this point is the GOP. That and groups like this. A united congress can stop Obamas executive action, Harry Reid has been incredibly effective at preventing congress from asserting it’s power.

V7_Sport on August 25, 2014 at 7:28 PM

talkingpoints on August 25, 2014 at 7:21 PM

Apparently he need access to the votes and many of the counties weren’t very forthcoming.

Cindy Munford on August 25, 2014 at 7:30 PM

novaculus on August 25, 2014 at 7:20 PM

+1….I see this as the beginning of the end for Haley and his posse….

d1carter on August 25, 2014 at 7:30 PM

This may be a win the battle, lose the war win for the establishment. Right now, the base is more concerned with winning the Senate and rightly so. In 2016, with the White House in play, the primaries could be treacherous for the Republican Establishment. Mississippi was a stick in the eye to the voters of Mississippi and I doubt they’ll forget it soon. In fact, I expect to see McDaniel back and I also expect him to win so big the Democrats won’t be able to come up with votes to defeat him.

I would personally vote for a 3rd party candidate, in 2016, based on the performance of the Republican establishment, not only in this election, but in their conduct from the House since 2010. They have done everything, including collusion with the Democrats, to destroy the tea party, rather than find accommodation with them. Boehner is the worst Speaker of the House and the remainder of his leadership team isn’t much better. The fact they he’s allowed the House to become completely isolated from the legislative process by Harry Reid and Obama, should be enough to get another person in there as Speaker.

bflat879 on August 25, 2014 at 7:31 PM

I have no problem with gridlock.

Cindy Munford on August 25, 2014 at 7:04 PM

Gridlock ain’t what she used to be. Obama can get all he wants via regulation, a pen and his phone. Throw in a couple EO’s and “gridlock” is the best thing that could happen to a wannabe dictator.

Mimzey on August 25, 2014 at 7:31 PM

V7_Sport on August 25, 2014 at 7:28 PM

And the only thing that stopped the GOP is an angry base in an election year. After they get in they don’t give a flying flip about what we think. Because we are so stupid that we keep voting for them after they sh!t on us. I just would like one time to send them a message, Mississippi seemed like the best opportunity. It would be funny if it turns out to be McConnell. Not optimal but funny.

Cindy Munford on August 25, 2014 at 7:32 PM

Gridlock ain’t what she used to be. Obama can get all he wants via regulation, a pen and his phone. Throw in a couple EO’s and “gridlock” is the best thing that could happen to a wannabe dictator.

Mimzey on August 25, 2014 at 7:31 PM

Only so long as a compliant House continues to fund everything he wants. Good thing he has one of those.

besser tot als rot on August 25, 2014 at 7:33 PM

Mimzey on August 25, 2014 at 7:31 PM

I know, that’s why I can’t get all excited about this. The only thing hold him back from the granting amnesty is that his party doesn’t want him to. After the election, win or loss, they will be all for him taking the law into his own hands.

Cindy Munford on August 25, 2014 at 7:35 PM

Justice

astonerii on August 25, 2014 at 7:36 PM

I just would like one time to send them a message, Mississippi seemed like the best opportunity. It would be funny if it turns out to be McConnell. Not optimal but funny.

Cindy Munford on August 25, 2014 at 7:32 PM

At this point, we’re so far from optimal that the differences in results are pretty much negligible. But, I guess when differences in results fail, differences in rhetoric are sufficient for a great number of voters.

besser tot als rot on August 25, 2014 at 7:40 PM

In one sense, it doesn’t matter how this lawsuit turns out — the damage has been done: Cochran and the Mississippi GOP have been outed as a nest of cockroaches that can’t be trusted and are unworthy of any sane person’s vote.

Aitch748 on August 25, 2014 at 7:41 PM

I know, that’s why I can’t get all excited about this. The only thing hold him back from the granting amnesty is that his party doesn’t want him to. After the election, win or loss, they will be all for him taking the law into his own hands.

Cindy Munford on August 25, 2014 at 7:35 PM

Nah. I’m sure that the Republican party that supports amnesty will fight him tooth and nail to … stop amnesty? Wait. What?

besser tot als rot on August 25, 2014 at 7:41 PM

Bring on the shell-less turtle.

V7_Sport on August 25, 2014 at 7:22 PM

^^^^
The textbook definition of “useful idiot.”

Among the roster of plant commenters on HotGas, V7′s narm-tastic bilge is the most unintentionally hilarious to read.

Myron Falwell on August 25, 2014 at 7:43 PM

In one sense, it doesn’t matter how this lawsuit turns out — the damage has been done: Cochran and the Mississippi GOP have been outed as a nest of cockroaches that can’t be trusted and are unworthy of any sane person’s vote.

Aitch748 on August 25, 2014 at 7:41 PM

What matters is that Cochran is not a US Senator in 2015. If Cochran is still a Senator, we all lose. Except for, possibly, McConnell, who may get a bigger office as a result.

besser tot als rot on August 25, 2014 at 7:44 PM

And the only thing that stopped the GOP is an angry base in an election year.

So we should elect people who we can at least threaten and who will take our threats seriously…

After they get in they don’t give a flying flip about what we think

That hasn’t been my observation.

Because we are so stupid that we keep voting for them after they sh!t on us.

Soooo someone pooped on you.

I just would like one time to send them a message,

I’ll be voting for Brat, I thought you were too.

It would be funny if it turns out to be McConnell. Not optimal but funny.

I wish we had better candidates. I wish people were more responsible and took their citizenship more seriously. I wish people were smarter. I wish I had all my hair. I wish my nephew wasn’t a useless product of modern society or I wish he would change his name. I wish I had this car and this airplane… It’s not the world I live in. Now what? Turn it over to the worst because the better is still not so good?

V7_Sport on August 25, 2014 at 7:47 PM

The textbook definition of “useful idiot.”

Among the roster of plant commenters on HotGas, V7′s narm-tastic bilge is the most unintentionally hilarious to read.

Myron Falwell on August 25, 2014 at 7:43 PM

You are just jealous because no one ever called you useful. Paranoid maybe, Useful, not so much.

V7_Sport on August 25, 2014 at 7:51 PM

Now what? Turn it over to the worst because the better is still not so good?

V7_Sport on August 25, 2014 at 7:47 PM

Stop being satisfied with the bad over the slightly worse. Consider longer term ramifications of your actions. If you’re standing nude outside and its -20 F, going running into an out house that is -19F isn’t going to save you. You’d better start thinking outside of the box, or you’re going to be dead soon.

besser tot als rot on August 25, 2014 at 7:55 PM

You are just jealous because no one ever called you useful. Paranoid maybe, Useful, not so much.

V7_Sport on August 25, 2014 at 7:51 PM

Better to be useless than useful to wanna-be despots.

besser tot als rot on August 25, 2014 at 7:56 PM

V7_Sport on August 25, 2014 at 7:47 PM

I’m in Florida. The high point of my election year are the ads trying to decide which of the gentlemen running for governor is a bigger crook. Look, it’s not like I don’t want the Republicans to have another crack at getting it right or at least really annoying Obama, I’m just sick of being disappointed. As for better candidates, I’m old, the latest group coming up just don’t see things the way I do, I don’t think they understand the less government more freedom thing.

Cindy Munford on August 25, 2014 at 7:57 PM

Cornyn will miss my vote because he participated in this mess.

DanMan on August 25, 2014 at 7:21 PM

I’m writing in Thad Cochran in his slot.

Corsair on August 25, 2014 at 7:57 PM

You are just jealous because no one ever called you useful. Paranoid maybe, Useful, not so much.

V7_Sport on August 25, 2014 at 7:51 PM

Usually you bore me to tears because you act like a typical GOPe Karl Rove free-thinker-bashing stooge, with no imagination whatsoever.

Then you talk about how great the world will be when Turtle McConnell gets in charge if this magical number of 51 GOPers appears in the Senate, and wonderful moments of pure comedy like this take place.

Myron Falwell on August 25, 2014 at 8:00 PM

Can we stop talking about this and get on with electing Cochran’s Dem challenger? Which, last I checked, is just as semantically pro-second-amendment and pro-life as Cochran is while being actually as pro-comprehensive-immigration-reform as Cochran is…

*sigh* This whole situation makes me so disappointed in my state and my party.

yaedon on August 25, 2014 at 8:01 PM

V7_Sport on August 25, 2014 at 7:47 PM

I don’t think you can compare your dream wants to people campaigning to represent you and then not doing as promised. But I get it, the Republicans are your team and you really really want them to win.

Cindy Munford on August 25, 2014 at 8:02 PM

besser tot als rot on August 25, 2014 at 7:55 PM

Stop being satisfied with the bad over the slightly worse.

Who said I was?

Consider longer term ramifications of your actions.

I have, the past 6-8 years have proven me correct beyond my most dismal predictions yet we still have people out there who insist that the way to get political power in a Republican Democracy is to lose elections. It was “you got to go through Carter to get to Reagan in ’08… Where’s my Reagan?

If you’re standing nude outside and its -20 F, going running into an out house that is -19F isn’t going to save you.

I have always advocated going with the most conservative electable candidate and working to hold them accountable. That’s not hyperbole, that’s an actual strategy.

You’d better start thinking outside of the box, or you’re going to be dead soon.

If what you want is to let it all burn please set the example by starting with your own house. Otherwise, realize you are rationalizing being your own worst enemy.

V7_Sport on August 25, 2014 at 8:03 PM

McDaniel did not shatter the base in Mississippi. Cochran did that when he used illegal votes and race baiting to get Dems to the polls in the Republican runoff.

I will no longer go along, hold my nose and vote for the lib on the Repub ticket.

It works so well. I remember the Mc Cain and Romney Presidencies.

If McDaniel is not on the ballot I will write in vote for him.

glsmith36 on August 25, 2014 at 8:04 PM

But I get it, the Republicans are your team and you really really want them to win.

Cindy Munford on August 25, 2014 at 8:02 PM

By even considering not voting for a Republican because their policy prescriptions are terrible, you are “threatening” them, don’t you know. You’d better watch out, or a Travis County DA may try and arrest you.

besser tot als rot on August 25, 2014 at 8:05 PM

Otherwise, realize you are rationalizing being your own worst enemy.

V7_Sport on August 25, 2014 at 8:03 PM

/mirror.

When you reward something, bad representatives, you get more of it! It is totally amazing! That is a conservative idea. You know of it, right? If someone punches you in the face and asks you for a dollar, giving them the dollar makes it more likely they or more people will punch you in the face to get a dollar. Why are you still punching yourself in the face V7_sport?

astonerii on August 25, 2014 at 8:07 PM

Free Beacon: Shocking Development: For Once, Republican Candidates Aren’t the Ones Embarrassing Themselves

thebrokenrattle on August 25, 2014 at 7:59 PM

Shockingly, they didn’t mention the Wreck of the Edward Fitzgerald Campaign for Ohio Governor.

It’s so bad that the Lorain County Democrats didn’t have any mention of Fitz’s name whatsoever at the county fair this past week, which amounts to a de facto conceding to Kasich (who may very well win by a 4-to-1 margin).

Myron Falwell on August 25, 2014 at 8:08 PM

besser tot als rot on August 25, 2014 at 8:05 PM

LOL! I think I am out of their jurisdiction, not that that legal stuff seems to matter to them.

Cindy Munford on August 25, 2014 at 8:10 PM

I have, the past 6-8 years have proven me correct beyond my most dismal predictions yet we still have people out there who insist that the way to get political power in a Republican Democracy is to lose elections.

Cochran v. Childress. How do I win? You’re the one insisting that we can gain political power by losing. Not me. Because, no matter who wins that general – we lose.

I have always advocated going with the most conservative electable candidate and working to hold them accountable. That’s not hyperbole, that’s an actual strategy.

Hold them accountable … by voting for them, no matter what they do? You’re hilarious.

If what you want is to let it all burn please set the example by starting with your own house. Otherwise, realize you are rationalizing being your own worst enemy.

V7_Sport on August 25, 2014 at 8:03 PM

No, people like you who continually support statists who work day by day to destroy the freedoms that made this country great are my enemy.

besser tot als rot on August 25, 2014 at 8:11 PM

I’m just sick of being disappointed. As for better candidates, I’m old, the latest group coming up just don’t see things the way I do, I don’t think they understand the less government more freedom thing.

Cindy Munford on August 25, 2014 at 7:57 PM

Me too and yes, you have touched on the issue at hand: Many people actually want what they are getting and are voting accordingly. I think the way to power is to show that we have a punch bigger than our weight class and we are never going to do that as long as we are at each others throats over the details.

I don’t think you can compare your dream wants to people campaigning to represent you and then not doing as promised.

It’s the state we are in. I wish we had people of better character but sometimes you have to go with Plan B.

But I get it, the Republicans are your team and you really really want them to win.

Cindy Munford on August 25, 2014 at 8:02 PM

I want a better country than the one we have now, I’de rather fight it out with them than to watch it flounder with the garbage running it today.

V7_Sport on August 25, 2014 at 8:11 PM

Childress, Childers. Whatever.

besser tot als rot on August 25, 2014 at 8:12 PM

I want a better country than the one we have now, I’de rather fight it out with them than to watch it flounder with the garbage running it today.

V7_Sport on August 25, 2014 at 8:11 PM

Yet you continue to vote for more of the same no matter what they do. Ridiculous.

besser tot als rot on August 25, 2014 at 8:13 PM

I’de rather fight it out with them than to watch it flounder with the garbage running it today.

V7_Sport on August 25, 2014 at 8:11 PM

Hello!?!?!?!

What do you think the base is doing right now? We’re fighting it out with them. This is what that looks like.

yaedon on August 25, 2014 at 8:17 PM

Cornyn will miss my vote because he participated in this mess.

DanMan on August 25, 2014 at 7:21 PM

Be sure to make your vote count! Write in Thad. As a matter of fact write in Thad for the whole ticket! Go! Thad! Go!

kringeesmom on August 25, 2014 at 8:18 PM

Usually you bore me to tears because you act like a typical GOPe Karl Rove free-thinker-bashing stooge, with no imagination whatsoever.
Myron Falwell on August 25, 2014 at 8:00 PM

Free thinker? You are a wet behind the ears little brat looking for a bandwagon to hop on. If you want to live in “imagination land” where the sure pathway to a conservative utopia is to continually lose elections to outright socialists you are welcome to it but being delusional is nothing to be proud of.
Do yourself a favor and don’t expect the rest of us who live by correspondence to reality to be bowled over by your ability to imagine your way out of cold hard facts the most pressing of which is that the alternative that you are willing to empower has all but destroyed this country over the past 6 years and that if you keep at it there will be nothing left to glue back together.

V7_Sport on August 25, 2014 at 8:19 PM

V7_Sport on August 25, 2014 at 8:11 PM

That’s why I would like the Democrat to win in Mississippi. A fight where Republicans win by losing.

Cindy Munford on August 25, 2014 at 8:20 PM

The only thing that has stopped amnesty at this point is the GOP.

V7_Sport o

The only reason amnesty was ever brought up was because of the GOP. The only reason Rubio ran around lying to anyone who would listen was because McConnell came up with the idea.

The only reason amnesty hasn’t been passed in the House YET is because Rs don’t want to get clobbered in November. That concern goes away after November.

But but but…Harry Reid, or something.

But we’ve had all this out already.

V7_Sport

And your arguments were just as stupid all the other times as they are now.

Dude. You’re living in fantasy land. Keep voting for statists and you’ll keep getting statism.

besser tot als rot

Yes, but statism is fine as long as the statists have an “R” after their name. It’s essentially a sporting event for clowns like him. My statists beat your statists. Go team!

xblade on August 25, 2014 at 8:22 PM

And btw, the Clarion Ledger, for whatever reason, has been in the Barbour/Cochran camp since day one…they hate Conservatives…if that tells you anything. I know of few Conservative news outlets in MS…one of the most conservative states in the country…

d1carter on August 25, 2014 at 8:22 PM

f someone punches you in the face and asks you for a dollar, giving them the dollar makes it more likely they or more people will punch you in the face to get a dollar. Why are you still punching yourself in the face V7_sport?

astonerii on August 25, 2014 at 8:07 PM

Is that your idea of what employment is? Outside of OFA of course. Tell your Moby Pay masters your posts are making less and less sense. Soros might take away your mousepad.

V7_Sport on August 25, 2014 at 8:24 PM

The only thing that has stopped amnesty at this point is the GOP.

V7_Sport on August 25, 2014 at 7:28 PM

That’s the same GOP that regularly tells us they’re going to do amnesty anytime now, yes?

I have always advocated going with the most conservative electable candidate and working to hold them accountable. That’s not hyperbole, that’s an actual strategy.

V7_Sport on August 25, 2014 at 8:03 PM

It’s a great strategy, right up to the point where it qualifies as the well-worn ‘definition of insanity’ after which… not so much.

Unfortunately we passed ‘insanity’ and ‘clearly not working’ quite a while ago. Just a suggestion – maybe your strategy is due for an overhaul.

Midas on August 25, 2014 at 8:25 PM

McDaniel lost. Politics is tough, and yes, regrettably, he lost ugly.

Cochran will cruise to re-election and every seat matters to demote Dirty Harry.

I am tired of the sour grapes and the nonstop HA stories on this ancient history.

matthew8787

You’re a moron. Funny, I don’t remember you whining about sour grapes after Cochran lost the initial primary and instead of bowing out gracefully, he and his campaign embraced their inner liberal democrat to win the runoff.

We don’t want to hear you say a damn thing when a democrat steals an election in the future and violates multiple campaign finance laws, and especially when they play the race card. Keep those sour grapes to yourself.

xblade on August 25, 2014 at 8:25 PM

And btw, the Clarion Ledger, for whatever reason, has been in the Barbour/Cochran camp since day one…they hate Conservatives…if that tells you anything. I know of few Conservative news outlets in MS…one of the most conservative states in the country…

d1carter on August 25, 2014 at 8:22 PM

This is true. The Clarion Ledger has been run by socialist leftist statists for years and years, just like most national or regional papers. I suspect that’s why most of them are dying on the vine.

Now, The Clarion Ledger bunch of socialist leftist statists have indeed been in the Barbour/Cochran camp since day one. What does that tell you about the Barbour/Cochran camp?

yaedon on August 25, 2014 at 8:26 PM

V7_Sport on August 25, 2014 at 8:19 PM

YAWN.

Actually, I take it as a badge of honor that a Boilerplate Plant Stooge Commenter on HotGas would rip me with the level of defensiveness usually reserved for someone who’s done a really bad thing.

Myron Falwell on August 25, 2014 at 8:28 PM

besser tot als rot on August 25, 2014 at 8:11 PM

I have, the past 6-8 years have proven me correct beyond my most dismal predictions yet we still have people out there who insist that the way to get political power in a Republican Democracy is to lose elections.

Cochran v. Childress. How do I win? You’re the one insisting that we can gain political power by losing. Not me. Because, no matter who wins that general – we lose.

You win by getting rid of Harry Reid as majority leader. You win by imposing a check on Obamas power. You win by taking the committees away from the democrats, You win by preventing them from nominating whatever they want to the courts, You win by effectively ending Obamas presidency 2 years early and ensuring that the only thing he actually was responsible in his presidency was a disastrous healthcare bill that most Americans hate. Provided that’s what you want, you win.

I have always advocated going with the most conservative electable candidate and working to hold them accountable. That’s not hyperbole, that’s an actual strategy.

Hold them accountable … by voting for them, no matter what they do? You’re hilarious.

There are literally thousands of ways of pushing them, pulling them, leading them, making your opinion known. Bottom line, at this point Cochran came out on top of a dirty race, are you going to let your butthurt over the loss help injure the country?

No, people like you who continually support statists who work day by day to destroy the freedoms that made this country great are my enemy.

Said the brave non statist who wants to keep a socialist as majority leader. Are you trying to be ironic here?

V7_Sport on August 25, 2014 at 8:33 PM

Is that your idea of what employment is? Outside of OFA of course. Tell your Moby Pay masters your posts are making less and less sense. Soros might take away your mousepad.

V7_Sport on August 25, 2014 at 8:24 PM

You are far more likely to be under the pay of someone than me. You were brought in for Romney. You like the business friendly Republicans. You work towards making the party more progressive. What exactly do I do that would be worthy of earning money here? It just does not seem to fit.

But you on the other hand. The big government loving guy, now I can see someone paying for that kind of personality. Mine? Not so much. You push for every pro amnesty politician out there. You argue, vote for the amnesty person and then we have phones and pens to reign them in. LIKE OBAMA!

I got a better idea. Lets not vote for the pro amnesty person. Lets actually either get a representative or let the democrats take the seat for a little while while the party sits backs and reevaluates whether or not they want to remain a minority party or not. If they want to be majority again, then they will have to play by our rules to earn our votes. But that is not what you want. You want us to play their rules. Which is, we are now going to be slightly less progressive than the Democrats and you WILL vote for us, or else, look at how bad those other guys are!

Not playing that game any more. Let them sit it out for a while. Get a few new replacements in. Then actually force the party to the right.

astonerii on August 25, 2014 at 8:37 PM

In the supreme court case…

Kellum v Johnson (1959)
http://www.leagle.com/decision/1959817237Miss580_1752.xml/KELLUM%20v.%20JOHNSON
“Although Section 3287, Code of 1942 Rec., pertains to general and special elections, it is somewhat helpful in arriving at the legislative intent in the present instance. That section provides in part as follows: “And in case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his office.”

And in the applicable MS election code…

MS Code § 23-15-921 (2013)
“Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of another person returned as the nominee of the party to any county or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within twenty (20) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of said committee, notice of which contest shall be served five (5) days before said meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary.”

…there is nothing that covers statewide election contests. You see mention of countywide and district contests but noting about statewide.

Compound that with the fact some counties missed their deadline for certification of results, you’re entering new territory. For example, Hinds County, as with all counties, was supposed to certify by July 4th but didn’t certify until nearly a week later.

In addition, the McDaniel camp had to sue to get access to information from court clerks that SHOULD have been available by just asking. It’s part of the law as well.

So don’t expect this to be such a slam dunk case that requires dismissal.

dforston on August 25, 2014 at 8:37 PM

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