Lester Spell Runs Scared; Attempts to Force Riley Off Ballot

The following e-mail was sent to prominent opinion-jounalists around the state: (Riley gets no point for brevity :)

..........

"It is not the ones who vote who determine who wins elections, but who counts the votes "
-- J. Stalin former Russian Communist Dictator

Mr. Salter & Gallo, et al,
( Ms Peterson, would you please pass on to JT & Dave?)

I NEED YOUR HELP ! Someone wants me out of the Ag Commissioner's race. Who and why are the questions.

I received a phone call from my wife today at about 3:00 telling me that I had received a letter from the Sec. of State notifying me that I may be disqualified from the race for Commissioner of Agriculture's race for very shaky sounding reasons.

I did not see the actual letter until tonight at 8:00, but I received this notification today, Fri. Sept. 7, after 2:00. The letter stated that could come to an election board meeting this Tues. Sept 11 at 1:30 and I would be given 5 minutes to make my case why I should be on the ballot and that I could make a written response ( with supporting documentation ) by Mon. Sept 10.

An explanation follows. I would welcome your comments and any help you can give me in getting this situation into the "court of public opinion" as we attempt to resist a capricious and un-warranted attack.

The following paragraphs are from a discussion between an election attorney & our party secretary -- with some comments from me interspersed, but offset with ** asterisks & italicized**. The law that shows these claims are specious and an explanation by me is at the bottom:

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Leslie Riley has received notice from the Secretary of State that he will be disqualified on account of the fact that he lives in Pontotoc county - but is still registered to vote in Chickasaw county.

** The notice did not mention any statute or case law. When I called the elections division, I was told that they had an "Opinion from the Attorney General". Without case law or statute to back this up, I still should not be disqualified. **

However, we cannot find any statute anywhere in the Mississippi code which "requires" a candidate for statewide office to be registered to vote in the county of his residence. So we cannot understand the basis of their accusation.

1. Leslie Riley was living and registered to vote in Chickasaw county until December, 2006;
2. In December, 2006 he moved his family to Pontotoc county;
3. In March, 2007 he filed his qualifying papers with the Secretary of State, on which
he listed his county of residence as Pontotoc county;
4. During the entire time, he was registered to vote in Chickasaw county;
5. There is NO statute (that we can find) which requires him to be registered in the
county of his residence.
** You have to be a "Qualified Elector. The requirement to be a qualified elector is that you have to be a resident of the county in which you intend to vote 30 days before the election -- statute cited below**

Therefore, he was (and still is) registered to vote in Mississippi, AND he was (and still does) reside in Mississippi.

If there is no law requiring him to be registered to vote in Pontotoc county, then this is merely an attempt to deprive Leslie Riley of his lawful right to participate in the political process.

He has lived somewhere in Mississippi his entire life, and has been registered to vote somewhere in Mississippi most of his adult life.

The Secretary of State mailed the letter so that Leslie received in today's mail **Friday, Sept 7**:
a. With an opportunity to submit a written objection (to be delivered to the Office of
Secretary of State no later than 5:00 P.m. on Monday); [giving him only one (1)
business day to prepare], and
b. An opportunity to speak his objections at a meeting of the Board of
Election Commissioners on Tuesday.
** I was told I would be given 5 minutes to speak, thus strongly implying that the decision has already been made **


This whole affair smacks of an attempt to vex him and obstruct his right to run for political office - based on most tenuous and un-convincing reasons.

************************
Leslie Riley's Comments begin after the citations of the Mississippi Code dealing with this.

** I looked at the legal qualifications to run for Ag Commissioner they are as follows :
Qualifications:
A qualified elector with a general knowledge of agriculture, mining, manufacturing, statistics, and general industries and an experienced and practical agriculturist. MISS. CODE ANN. §69-1-1; MISS. CONST. of 1890, art. XII, §250.**

** I meet these Qualifications, provided I am a "Qualified Elector". which, according to the Mississippi Code is defined as:
Every inhabitant of this state, except idiots and insane persons, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he offers to vote, and for thirty (30) days in the incorporated city or town in which he offers to vote, and who shall have been duly registered as an elector pursuant to Section
23-15-33, and who has never been convicted of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his residence, and shall be entitled to vote at any election. Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days prior to the primary election associated with such general election, may vote in such primary election even though such person has not reached his or her eighteenth birthday at the time such person offers to vote at such primary election. No others than those above included shall be entitled, or shall be allowed, to vote at any election. **

** When I called the Sec of State, they were not very helpful, and somewhat combative. They stated, "we have an opinion from the Attorney General."
As stated above, nowhere in the letter nor in this conversation was any statute or court decision cited.
After some digging, with the AG, we were told that the person who we could ask about this was a fellow named Reese Partridge. He was not in the office, but we got his home # from 411. I called him & he told me that I was not a qualified elector because I was registered to vote in Chickasaw County, but lived in Pontotoc County. I said that the law said that I had to change my registration 30 days prior to an election. The last time I voted, I lived and was registered in Chickasaw County. I would not be voting again until November ( since I did not vote in the Primaries), so I believed I had until 30 days prior to the election to move my voter registration.

He told me that I had not changed my registration prior to the board meeting and was not qualified to run. ( I assume he meant the election board)

When I asked for a code or statute to back this up he cited 23-15-299 & 23-15-399.

We looked at these pretty carefully and they do not mention anything about a county of residence.
Then Mr. Partridge asked me when I had moved. I said December. He said, "You could have moved your voter registration when you established residence." and told me that I was disqualified from being a qualified elector -- and therefore disqualified as a candidate -- because I did not live in the same county where I was registered to vote.

I thanked him and began trying to determine whether or not I had a case to get back on the ballot.

Three things that I should mention in response to Mr. Partridge's last statements.

1) First, I was told that I " . . .could have moved your voter registration when you established residence."
This is, of course, correct. However, it is not a matter of what I could have done, but what the law requires. I last renewed my Driver's License. while I was living in Chickasaw County. It does not expire until 2009 or 2010. I "could have" renewed my License. when I moved here to put the proper address on it. However, the law does not require me to renew it until it expires; so I likely will not.
I "could" file my tax returns with the IRS on Jan.31 when I get my W-2's . I don't have to until April 15.
And yes, I "could have" moved my registration as soon as I established residence in Pontotoc County. However, since the law defines a "Qualified Elector" as one who has established residence in the County "30 days" prior to the election in which he intends to vote, what I "could have" done is not at issue here.
2) Were I running for Sheriff of Pontotoc County, and I lived on one end of the County when I qualified to run, then moved to the other end of the county, I would still be able to be on the ballot, because I was still in the county.
If I were seeking a multi-county House or Senate seat, and moved I would still be able to run IF I stayed in the District.
Likewise, I should be able to be qualified for a statewide office as long as I remain in the state.

3) IF I am being disqualified as a qualified elector -- and therefore disqualified as a candidate -- because I do not live in the same county where I was registered to vote, can I expect to see Governor Barbour disqualified because he votes in Yazoo County, but has clearly established residence in Hinds ?
Attorney General Jim Hood -- from whose office this opinion came -- will likely vote in Chickasaw County -- while he lives in Hinds.
***********

Again, this looks like a political hack job designed to keep me off the ballot, because SOMEONE wants me out of the race, or has some other motive. Even if they cannot keep me off the ballot, if I am forced to expend my very limited time & resources on this, this will seriously hinder my ability to campaign & to get my name/ ideas into the debate.

One thing that I noticed in the letter was that at the meeting that I will be attending to defend myself this Tues. the sample ballots for the counties & media will be determined. Since I could be still fighting to get on the ballot when these ballots are approved, I will not be on them, thus further harming my candidacy and presenting further hindrances to me getting a fair hearing for my views. This is discrimination and disenfranchisement at its worst.

I can assure, you that after I go through the kangaroo court on Tuesday where I will be given FIVE MINUTES to make my case, and the Politburo ( aka Elections Board) hands down their pre-determined decision, we will be fighting this injustice and attempted effort to deny me my right to participate in the electoral process in court.

Thanks for any help you can offer getting the word out.

Les Riley
Candidate for Mississippi Commissioner of Agriculture
e-mail - lesriley@bellsouth.net