Honest Legal Advice for Your Local Elections Officials. IT ROCKS!

[Land Shark]

Tattoo these Three to your local elections officials, courtesy of the Mississippi Supreme Court opinion Waters v. Gemini, ordering new elections. (call these the Three Sisters if you like):

1. "Any expense or burden such compliance {with strict procedures} creates is trivial when compared to the value of the goal of maintaining our Republic."

2. "Integrity of our government can be no greater than the integrity of elections which put our government officials in office."

3. "It is therefore the duty of every {elections official} to endeavor to comply with the election statutes regardless of the personal inconvenience it may create."

THE FULL QUOTED PARAGRAPH IS BELOW, FROM THE CONCLUSION OF THE 43 PAGE OPINION, ORDERING A NEW ELECTION WITHOUT DIRECT EVIDENCE OF FRAUD BECAUSE IMPROPER PROCEDURES WERE FOLLOWED **THAT PREVENTED** CANDIDATES AND THE PUBLIC **FROM KNOWING** WHETHER OR NOT IMPROPRIETY OCCURRED. Note that the Mississippi Supreme Court specifically held that they were NOT saying that fraud occurred via elections officials, but nevertheless because the opportunity to detect it was removed, extraordinary remedies like new elections were warranted. The Mississippi Supreme Court concluded their opinion by quoting itself from 1983, showing it's continuing relevance to this 2005 opinion:

"Although there is a strong public policy in attempting to preserve the will of the electorate as reflected by the tabulation of all of the votes, we take this opportunity to remind throughout the state that they invite election contests, uncertainty and the opportunity for fraud by failing to pay close heed to the election statutes whether they be mandatory or directive. Any expense or burden such compliance creates is trivial when compared to the value of the goal of maintaining our Republic. Integrity of our government can be no greater than the integrity of elections which put our government officials in office. It is therefore the duty of every registrar to endeavor to comply with the election statutes regardless of the personal inconvenience it may create." Waters v. Gnemi, 907 So. 2d 307, 336 (Miss. Sup. Ct. 2005) (citing Riley v. Clayton, 441 So. 2d 1322, 1328 (Miss. Sup. Ct. 1983).

[eomer]

1. What a novel concept: avoid contests and uncertainty by actually

getting the count right and in a way that all parties can agree it is right.

In Ohio, Florida and elsewhere those in charge apparently think the way to avoid contests and uncertainty is by eliminating any chance at double checking the results. If you have just the one official count and no way to double check it then they think there will be no controversy.

They're wrong of course because accuracy, transparency and verifiability are how you get the loser to accept the result and to not file contests and lawsuits.

[Land Shark]

2. My respect for the Mississippi Supreme Court has risen higher, I'll say

like a storm surge.

[mod mom]

3. Excellent Landshark! nt

[understandinglife]

4. Vote # 5. Excellent find.

On this basis, would a re-vote of, at least, the National Election of 2000 & 2004, the Georgia US Senate election of 2002, and the WA Governor election of 2004, have been appropriate?


Be The Bu$h Opposition - 24/7

[Land Shark]

5. Problem with law is that "you" gotta make the argument, and "you"

is a very restricted class of people capable of doing it financially or time wise, reduced by those with "standing" and so forth

But yeah, I think the argument could have been made, but wasn't

[understandinglife]

8. Understood. And, in each case, money and time they definitely had.

Be The Bu$h Opposition - 24/7

[mopinko]

6. printing this out.

gonna carry this in my pocket. i start pollwatching today- early voting is in progress, and i get my credentials today. got a whole cd to cover. argh. the thing that sucks the most about early voting is that strapped campaigns are worried about other things right now. i'm only doing this cuz i wanted to. so i am checking polling plces in between planting yard signs.

[kster]

7. K&R.....nt

[JimDandy]

9. Kick, to the power of three...... n/t

[Time for change]

10. Do you know where the Ohio Supreme Court stands on this issue?

It seems to me that if they agreed with this ruling, we would have some definitive answers about the Ohio 04 election by now.

[JimDandy]

11. Kick, for the supreme three............. n/t

[Nothing Without Hope]

12. K & R for the Mississippi Supreme Court showing the way!

Is there a chance that this will be appealed higher than this state supreme court? I have my doubts about Bush's packed SCOTUS upholding democracy in any way.

Oh, to see such rulings spread across the country!

Can you suggest any links to newspaper articles or other info documenting this important decision and the story behind it?

Thanks, Land Shark!!!

[Land Shark]

16. No basis for SCOTUS appeal, don't think it was appealed no Fed Issue

[loudsue]

13. Woo hoo!! K & R. THIS is more like it!!

Now, if we could only get the rest of the states on board, we might have Democracy in this country some day! :applause:

:kick::kick::kick:

[bleever]

14. Case law stating the burden of proof is on transparency, not on

those alleging fraud!

Wow. Any more like this out there?

K&R!

[FogerRox]

15. very cool find LS, do you have a link for the opinion?-- & K n R - DUDE

[Land Shark]

17. Try this link for a copy of the case, comrade

<http://www.mssc.state.ms.us/Images/HDList/..%5COPINIONS%5CCO26470.PDF>

[FogerRox]

18. LOL because it sounds like one of us wrote it-- not the Miss. S. C.

Thanks-I'll be spreading the word.

[IndyOp]

19. Date of judgment: November 2003 - Any evidence it has been

referred to since then?

[JimDandy]

21. It probably wasn't, since it was under appeal until 06/02/05.

But, perhaps it has been cited in the last nine months. LandShark, this is off the subject, but how common is it for a decision from a case that is under appeal to be cited in another case? It seems like it would be imprudent to do so, in case the cited decision was eventually reversed.
JD

[IndyOp]

23. Thanks for the clarication -

I am glad to hear that it is a 'new' tool (as opposed to a 'long overlooked' one).

:hi:

[JimDandy]

24. Same here. Now let's hope the perfect case presents itself ... n/t

[Land Shark]

25. Cases are cited even while on appeal, yet more caution is warranted

as you suggest. The Waters case has been cited by one other mississippi case (also an elections case) but not for the quotes above but for a more general discussion of the proper procedure in election contests. Harpole v. Kemper County Democratic Exec. Comm., 908 So. 2d 129 (Miss. 2005)

IN the waters case reconsideration was denied August 4, 2005, and a motion for clarification of opinion was denied August 25, 2005 (filed by Waters' counsel) At this point it is not being appealed anywhere and is as "settled" as relatively new case law is. But keep in mind that the best language was ripped out of a 1983 Mississippi case. Someone back then was inspired to write that opinion and that judge continues to inspire today.

[Wilms]

20. Awesome. Where did you find this case? n/t

[furrball]

22. need more help with the enforcement end of things

seems there is little incentive for a registrar to comply with code when there is nothing to enforce it

[Land Shark]

26. ULtimately the spirit and ethos of everything is more important than Law

it's really hard to force anybody to do anything.

[furrball]

27. maybe knowing that there is some sort of real enforcement present

when elections are being held could go a long way toward cleaning them up.

[Land Shark]

28. "enforcers" have enough power to cheat when it comes to elections

best thing to do is watch 'em like hawks. Disinfect 'em with sunshine. If everybody watches each other it gives maximum "enforcement"

[furrball]

29. sorry but I know of people who've watched 'em and still, there was an

arrogant disregard for the law and preposterous talking pts doled out

how can you administer sunshine when you are locked in a black box?

Watching is useless in some places

[Land Shark]

30. yes, one does need to escape the black hole: it eats even sunshine

[furrball]

31. hmmmmm, this is starting to sound a bit like beatnik poetry

[Land Shark]

32. Would be great to have time to go back and find out about that beatnik

poetry, but the blackboxes suck time as well

[Land Shark]

33. a kick for the voters of Illinois to find this case citation