Jackson Free Press

Sept. 18, 2008

The Mississippi Supreme Court ruled against Gov. Haley Barbour and Secretary of State Delbert Hosemann today in their appeal concerning the contested sample November ballot. Justice Jess Dickinson's majority opinion (PDF, 496 KB) stated that the sample ballot, which listed the U.S. Senate race between Roger Wicker and Ronnie Musgrove near the bottom, is illegal.

"With respect to placing on the ballot a United States Senatorial race—regardless of whether or not the race is a special election—the statute's words "The titles for the various offices shall be listed in the following order"—can have but one meaning," Dickinson wrote.

In deference to the separation of powers, the Court stopped short of actually ordering the governor and secretary of state to issue a revised ballot with the Senate race listed alongside other national elections, but Barbour and Hosemann are expected to comply with the Court's interpretation.

"Let's all take a deep breath this afternoon and see if everyone does the right thing," Sam Begley, attorney for plaintiff Trudy Berger, said, adding that Barbour and Hosemann are both members of the Mississippi Bar.

"I have every confidence that they will follow the letter and spirit of the Supreme Court's ruling," he said.

Following the decision, Barbour issued a one-line statement, which read: "The Supreme Court has spoken; so be it."

Previous Comments

ID

135897

Comment

Whaaat? You mean the republicans lost with that court and they apparently tried to do something that wasn't right or condoned? Gosh darn, I'm surprised.

Author

Walt

Date

2008-09-18T15:40:38-06:00

ID

135899

Comment

OMG, will wonders never cease! I suppose the Supes realized that doing otherwise would invite intense national scrutiny, scorn and shame.

Author

Kacy

Date

2008-09-18T16:54:25-06:00

ID

135900

Comment

Hell has frozen; so be it.

Author

DonnaLadd

Date

2008-09-18T16:58:40-06:00

ID

135901

Comment

I'm glad that this was resolved so that the absentee ballots can go out on time. Hell has frozen; so be it. LOL!

Author

LatashaWillis

Date

2008-09-18T17:04:57-06:00

ID

135902

Comment

Hosemann: “The Office of the Secretary of State has just received the Supreme Court Ruling over the placement of the Special Senate Race. We are in the process of complying with the Supreme Court’s decision.” What a ridiculous waste of time and money Barbour and Hosemann caused by trying to play partisan politics with the ballot. They should be ashamed. I do think it will be funny, though, if Barbour's insistence on this election being on the November ballot bites him in the butt.

Author

DonnaLadd

Date

2008-09-18T17:24:04-06:00

ID

135903

Comment

Why do I get the feeling that this isn't over?

Author

golden eagle

Date

2008-09-18T17:39:07-06:00

ID

135914

Comment

I can't read the opinion so I am commenting on guess work. I can't even get the vote. My computer cannot read Adobe for some reason. I heard from a justice this morning the vote was 8-1 to overturn when he left and he was not confident of the wording or vote when he left to attend to a personal matter. I heard there was a decision this afternoon. No reading still. Disclaimers aside.... No order to re-write... I worry. The idea that Barbour would do the right thing after he blatantly ignored the law twice and now got called on it but has no order.... Wait.... I think the ballots will be sent out in a variety of ways. All different and all accidental or an interpretation or anything else the lap dog the Secretary of State sends out. Seriously, watching the arguments... Sam B was not sharp on some questions from the justices on behalf of the Pike County Commissioner.... Delbert's attorney was BAD. He had two arguments that contradicted each other and he danced between them and was literally crushed logically and in arguments. The attorney for the Sec of State... Which may or not should have been arguing this, looked pathetic. DUMB ASS Hoseman is back. His nickname in the legislature is true to form

Author

AGamm627

Date

2008-09-18T23:12:29-06:00

ID

135915

Comment

What a ridiculous waste of time and money Barbour and Hosemann caused by trying to play partisan politics with the ballot. They should be ashamed. I couldn't agree more. What a lame trick to try to pull.

Author

WMartin

Date

2008-09-19T06:19:17-06:00