Monday, September 15, 2008

2002 special election listed near top of ballot

I wrote about this yesterday in a post focused on the erroneous claims of a Sun Herald opinion piece. This information is not only worth repeating, but also more than worth it's own post. This information is the proof that special elections since 2002 have been placed with like elections on the general election ballot.

In 2002 we had three special elections on the ballot. Two of these were placed at the bottom of the ballot. These races were district attorney races, which there were none of on the sample ballot. However the third special election was for the Third District Court of Appeals. This election was placed in the section with the other races for the Court of Appeals, near the top of the ballot.

Link to 2002 ballot.

From page three of a twenty-three page ballot.

OFFICIAL SAMPLE BALLOT - September 9, 2002

Special Note (not to be printed on the ballot): Pursuant to Miss. Code Ann. § 23-15-979 (1972), the names of all candidates for Judicial office which appear on the ballot shall be listed in alphabetical order.

NONPARTISAN JUDICIAL ELECTIONS FOR SUPREME COURT JUDGE
District 2 (Southern)
Position One (VOTE FOR ONE)
Larry Buffington ............................. ( )
Jess Dickinson.................................. ( )
Charles R. (Chuck) McRae............. ( )
........................................................... ( )

FOR COURT OF APPEALS JUDGE
First Court of Appeals District
Position Two (VOTE FOR ONE)
Ralph H. Doxey................................ ( )
Roger H. McMillin, Jr. ................... ( )
........................................................... ( )

FOR COURT OF APPEALS JUDGE
Second Court of Appeals District
Position One (VOTE FOR ONE)
Tyree Irving..................................( )
.......................................................( )

FOR COURT OF APPEALS JUDGE
Fourth Court of Appeals District
Position Two (VOTE FOR ONE)
Joe Lee .............................................. ( )
........................................................... ( )

FOR COURT OF APPEALS JUDGE
Fifth Court of Appeals District
Position One (VOTE FOR ONE)
William H. (Bill) Myers ................... ( )
........................................................... ( )

SPECIAL ELECTION
FOR COURT OF APPEALS JUDGE
Third Court of Appeals District
Position Two (VOTE FOR ONE)
Jim Brantley ..................................... ( )
Kenny Griffis.................................... ( )
........................................................... ( )

3 comments:

  1. Miss Code 23-15-849 specifically provided that those judicial special elections be held in "accordance with the law governing regular elections for judges of the Supreme Court or Court of Appeals."

    Your proof is an exception to the rule. An exception specifically and clearly provided for in the law. There is no such provision for a special federal senate race, so it must follow the law just like the district attorney races mentioned in your post, go after all the regular elections.

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  2. Whoa, when did we start paying attention to the law? In 2000 the order for ballot placement was clearly defined. Can we follow part of the law too?

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  3. We're speaking post-2000 right? We're discussing the 2002 ballot, right?

    The ballot placement, as you have noted, goes like this: (a) national (b) statewide (c) state district (d) legislative (e) countywide (f) county district.

    In 2002, Ronnie Musgrove approved a ballot with special district attorney races (level c) after regular county district races (level f). The reason is because you follow the ballot order for regular elections and again for special elections. In that sense, the special senate race will be at the top of the ballot - the top of the special election ballot.

    State law also says (MS Code 23-15-833) when a special election is held on the same day as a regular election, both elections must be on the same ballot. So they are: regular election, then special election. Looking at it, the special senate race appears to be below all the other regular races, but in fact, it is at the top of the seperate special election ballot which has been added to the regular ballot.

    But I was orginially addressing your point on the judicial elections that do not follow this formula. There is a specific exception (23-15-849) designating them to be placed with the regular races. That law does two things in this argument. 1) It assumes that without the law, they would be placed after all the regular elections according to law and practice. 2) It shows that combining special and regular elections requires a specific law, which the special senate race does not have.

    Jeff, when you pay attention to the law, you have to pay attention to all of it.

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