We will get more information when it is made available.
From the Daily Kos:
No news articles yet, but the Mississippi Supreme Court has just ruled that placing the special Senate election at the bottom of the ballot was illegal. Not even Barbour's buddies on the court could justify such a gross violation of this law:
SEC. 23-15-367. Arrangement of names of candidates, order of titles of offices, and printing of official ballot generally; order in which titles of various offices are to be listed on the ballot; furnishing of sample of official ballot; alphabetical arrangement in primary elections.
... (2) The titles for the various offices shall be listed in the following order:
(a) Candidates for national office;
(b) Candidates for statewide office;
(c) Candidates for state district office;
(d) Candidates for legislative office;
(e) Candidates for countywide office;
(f) Candidates for county district office.
Well, most of them, anyway. The decision was 8-1. There was at least one Barbour shill on that court who is absolutely immune to the rule of law.
Update: Actually, the dissent is one of the good guys. He agrees with the overall decision, but mocks the court for 1) allowing Barbour to get away with scheduling the special this November instead of last March as state law required, and 2) attacks them for claiming, in the majority decision, that the trial court erred in demanding that Barbour adhere to state law.
UPDATE: I am not sure what this means. But the Clarion Ledger is reporting that even thought the ruled that the special election should go at the top of the ballot they are not upholding Tomie Green's decision.
Clarion Ledger:
“We find that the special election for U.S. Senator must be listed in the first category of the ballot, along with all other national elections, and the law assumes the governor and secretary of state will follow the law,” Justice Jess Dickinson wrote in a 10-page ruling.
“The Circuit Judge exceeded her authority, however, by ordering the Governor and Secretary of State to prepare the ballot in a particular manner, and to take other actions with respect to the upcoming election," he added.
The Governor and Secretary of State must be allowed to attend to their constitutional duties, free of interference by way of mandamus, injunction or instruction,” Dickinson wrote. “Of course, once the Governor and Secretary of State act, their decisions and actions are then subject to judicial review.”
Link to Decision pdf
UPDATE x 2:
Haley surrenders:
Barbour issued a brief statement: "The Supreme Court has spoken; so be it."
His spokesman, Pete Smith, elaborated by saying "the governor is going to comply with the ruling and the Senate race will go near the top."
Jeff, the Court decided two separate issues. First, did Judge Green have the power to order the Governor to put the race at the top?
ReplyDeleteBy a vote of 6-3, the Court said 'no'.
Secondly, what does the statute mean in regards to where the race is listed?
By a vote of 8-1 total, the Court said "put it at the top."
The concerns by the concurrences are that the Governor will not follow the ruling of the Supreme Court. But I think even Uncle Haley won't go that far.
Thanks gorjus for the information. Keep posting, please.
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