AG Hood to Gov. Barbour: Drop Dead

[MarkWarner08]

Gov. Haley Barbour (R) has called the contest for Nov. 4, 2008, the date of the next regularly scheduled general election. But Democrats - in particular Mississippi Attorney General Jim Hood - contend that state law requires the special election to be held 100 days after Lott resigns, should the Senator stick with his stated plan to relinquish his seat by Dec. 31.

Hood is not ruling out legal action.

"We will decide what to do if and when it becomes necessary," Hood said in a statement provided to Roll Call on Tuesday, in response to an inquiry about whether he plans to sue Barbour to change the election date. "We fully expect the governor will follow the law."

http://www.rollcall.com/issues/1_1/latest_news/21130-1.html

Let the fireworks begin!

[True Federalist (진정한 연방 주의자)]

Here's the relevant statute: (§ 23-15-855)

If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.

In either case, it appears at first glance that there is no primary in a Mississippi special election.

[MarkWarner08]

Here's the relevant statute: (§ 23-15-855)

If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.

In either case, it appears at first glance that there is no primary in a Mississippi special election.

It depends on who interprets the statute.  If Hood wants to challenge the Governor on this issue, he has the powers to do so.

[7,052,770]

Good for Hood, and I LOVE your sig.

[Conan]

Here's the relevant statute: (§ 23-15-855)

If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.

In either case, it appears at first glance that there is no primary in a Mississippi special election.

It depends on who interprets the statute.  If Hood wants to challenge the Governor on this issue, he has the powers to do so.

Yea and I suggest Ernest go back and read the statute.

[Small Business Owner of Any Repute]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

[MarkWarner08]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Here's a famous, nay, infamous quote from the Chief Justice of the MS SC: ""The bottom line is, we are a Christian nation now, we were a Christian nation in the beginning, and we'll gonna always be a Christian nation until the good Lord returns."

Edit: "Since 1994, candidates for state judicial offices have been prohibited from aligning themselves with political parties and no longer run in party primary elections." http://www.sos.state.ms.us/ed_pubs/PressReleases/Articles.asp?prno=1778&search=

Harry, do you know the partisan affiliations of the Supreme Court Justices? Were any appointed by a Governor to fill a vacancy?

[7,052,770]

I can't say I know that much about the supreme court, but here's what I can tell:

William Waller Jr. is the son of former Democratic governor William Waller.  However he's pro tort-reform and is at least conservative, if not Republican.

James Graves is the only black justice, and has been touted as a possible longshot candidate for state office one day.  He's a Democrat.

Ann Lamar was appointed by Barbour and will do whatever he says...just look at her picture, and you can tell she doesn't do too much thinking for herself.  Michael Randolph was also a Barbour appointee.

George Carlson and Oliver Diaz were appointed by Musgrove and is presumably a Democrat

James Smith is the one who say that illustrious quote and is obviously a hardcore Republican.

The others...I don't know honestly.  It looks like a vote would be close.

[I spent the winter writing songs about getting better]

Looks like Waller's the swing vote.

[MarkWarner08]

Here are the names of the other justices: Jess Dickinson and Chuck Easley.

According to his bio profile, Jess Dickinson is served as the "Supreme Court's liaison to organizations providing legal services to the poor, and is a charter member of the Mississippi Access to Justice Commission." Sounds like a bleeding-heart liberal.


After some digging, I discovered Easley cast the deciding vote in a 2000 Supreme Court case  that sided against tort reform advocates. It appears that Easley is a moderate-liberal voice on the court. Otherwise, he tends to vacillate in big cases, so count him as a swinger.

4 probable votes for the Democrats
3 probable votes for the Republicans
2 swingers.

[7,052,770]

I would prefer to have the election soon and not have to worry about the Republicans running on Moore=Hillary (actually, they still will, but it won't stick as much).

I just doubt it will work out like that.  Barbour=god nowadays, and I can't imagine him not getting his way.

[MarkWarner08]

I would prefer to have the election soon and not have to worry about the Republicans running on Moore=Hillary (actually, they still will, but it won't stick as much).

I just doubt it will work out like that.  Barbour=god nowadays, and I can't imagine him not getting his way.

Didn't Jim Hood also win another term in a landslide? I'm sure he has some political capital to spend on this election.

[Stranger in a strange land]

Gov. Haley Barbour (R) has called the contest for Nov. 4, 2008, the date of the next regularly scheduled general election. But Democrats - in particular Mississippi Attorney General Jim Hood - contend that state law requires the special election to be held 100 days after Lott resigns, should the Senator stick with his stated plan to relinquish his seat by Dec. 31.

This whole thing reeks to high heaven, even by the standards of Mississippi politics.

[True Federalist (진정한 연방 주의자)]

Here's the relevant statute: (§ 23-15-855)

If Lott resigns on or before Dec. 31 then the law calls for an election no later than 90 days after he issues a proclamation of election which must be no later than 10 days after he officially learns of the vacancy. Otherwise, the election is delayed until Nov. 4, 2008.

In either case, it appears at first glance that there is no primary in a Mississippi special election.

It depends on who interprets the statute.  If Hood wants to challenge the Governor on this issue, he has the powers to do so.

Yea and I suggest Ernest go back and read the statute.

I did read the statute.  I even provided a link.

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The underlined section applies if Lott waits until Jan. 1 or later to resign, in which case the contest would be held on Nov. 4.

As for my uncertainty as to whether there would be a primary, this section of law mentions nothing about primaries, but I'm not certain if there is another law that is applicable to Mississippi special elections in general that would establish a primary.  I know Georgia does not use primaries in special elections, but South Carolina does, so either option is feasible.

Speaking of primaries, as I read the law, it would be possible for the special election to be held March 11 in conjunction with Mississippi presidential primary.  The law only provides a maximum time limit, not a minimum, so there would be no need to wait the full 10+90 days.  The regular primary is August 5, so there's no way that could be the date of the special election.

[○∙◄☻¥tπ[╪AV┼cVê└]

Key words highlighted

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It does not say "did occur" or "another general election".

It seems that a special election is required for any vacancy that occurs after the general election of that year.

[○∙◄☻¥tπ[╪AV┼cVê└]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

[Brittain33]

Ann Lamar was appointed by Barbour and will do whatever he says...just look at her picture, and you can tell she doesn't do too much thinking for herself.

What does that mean? I found some nondescript photos of her on Google Images.

[Torie]

Hood will win the case. The statute says there is only an election to coincide with the General Election when the vacancy occurs in a year that a congressional election "shall" be held, not has been held.  I read "shall" as meaning will, as in the future, not the past.

[Joe Republic]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

What on earth does that have to do with anything?

[DownWithTheLeft]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

What on earth does that have to do with anything?

NANCY PELOSI!!

[MarkWarner08]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

What on earth does that have to do with anything?

Well, the U.S Supreme Court seems to have taken a 360 back to the 1930's, why shouldn't the same apply to Mississippi and its Supreme Court?

[DownWithTheLeft]

What's the Mississippi Supreme Court look like?  I suppose it's going to all come down to them, no?

Appearantly they were a bunch of social liberals in 1926.

You must be logged in to read this quote.

http://www.isthatlegal.org/archives/2007/11/if_it_was_tortu.html

What on earth does that have to do with anything?

Well, the U.S Supreme Court seems to have taken a 360 back to the 1930's, why shouldn't the same apply to Mississippi and its Supreme Court?

MS hasn't though, other than changing their partisan affilation they've been stuck in a time warp since the 1700s.  But still, nothing to do with this argument

[Nutmeg]

Did this ever go anywhere?

[Small Business Owner of Any Repute]

Did this ever go anywhere?

Mississippi never goes anywhere.

[Alcon]

Did this ever go anywhere?

Mississippi never goes anywhere.

In all fairness to Mississippi, it's still affected by continental drift.