Last week I wrote about the removal of Senate District 9 Republican nominee Todd Wade from the general election ballot by the State Board of Election Commissioners. The short the column is Secretary of State Delbert Hosemann questioned whether or not Wade was a qualified elector of Mississippi for four years. No one could prove that he wasn’t; but he could not prove to the satisfaction of Hosemann and Attorney General Jim Hood that he was. My take on the matter was that regardless of whether he was or was not, the time period to challenge him on that matter had already passed according to legislative statute and the SBEC did not have the authority to violate that statue. The SBEC argued they had done it before, so they could do it again. You can read the full column in the Madison County Journal: Dem’s hosing of Todd Wade.
Here are some more rough notes I made while writing the column. I don’t pretend to suggest they’re complete thoughts or even complete sentences. But they are ideas or information I couldn’t squeeze into the column. These were not my first SBEC meetings to attend (they are open to the public), but I always learn something new. Sometimes they would be great events for a civics teacher to bring students to observe (although I do suggest you check first to make sure there is room). For example, I have been at their meetings before when they have removed candidates and thought nothing of it. But then I had not heard before the argument and seen the law that Wade’s lawyers presented, and I think they made their case that the action of the SBEC violated state law.
NOTES
Notes from 9/13/2001 noon meeting:
Court reporter present: requested by Hood and arranged by Hosemann. Court reporter transcribed the full meeting.
There was some dispute over when Wade was notified that his qualifications would be challenged at the September 9 meeting. He claims his first notification from Hosemann’s office was the day of the meeting but fortunately he had heard about the challenge through other channels and so was already on his way to Jackson from Oxford when they called. Hosemann’s staff claims Wade was called on September 7; although Wade disputes the nature of the conversation. Either way, both dates clearly fall after the September 2 window described by state law.
Hosemann’s staff argued the SBEC does not fall under the Administrative Procedures Act because the legislature has not specifically given it the authority to make rules. Wade’s attorneys argued the statute generally gives the SBEC the authority and the position argued by Hosemann would “gut the Administrative Procedure Act.” When asked by Wade’s team whether the Attorney General’s Office agreed, Hood testily responded out of what appeared to be anger or frustration that he didn’t have to answer because his clients are state employees and that is who he gives opinions to and Wade’s lawyers are not his clients. Then settling down he said that the Attorney General’s Office was in agreement with the Secretary of State’s Office on that matter.
Hosemann, “I picked up whatever procedure there was when I got here.”
Notes from 9/13/2011 5pm Meeting:
When told that Senator Billy Hewes, President Pro Tem of the Senate, would preside via speaker phone because Bryant was at the time “incapable of performing said duties” and the Constitutional line of succession went next to Hewes, Hood asked whether it should actually be the Speaker of the House. Barbour’s counsel read the constitutional provision and Hood seem satisfied. In fairness, I too thought the Speaker was next in line after the Lieutenant Governor so the meeting served as good civics lesson for me.
SBEC removed John Luke Pannell, Reform Party Candidate for Secretary of State on a vote 2-0 (Hood made the motion). Hewes and Hood voted to remove, Hosemann said he wanted to abstain unless necessary because this would be his opponent. Pannell is blind (no drivers license) and lives with family so had no utility bills in his name. He provided no proof of residency other than an affidavit. His voter-ID card was March 2011 with registration on February 18, 2011. Hewes asked if there had ever been a case where only an affidavit served as proof and Asst. AG Reese Partridge answered “no.”
SBEC removed Yasming S. Johnson, Reform Party Candidate for Senate District 45. Has ID card from Department of Public Safety from Nov 12 2009 and an affidavit by Shawn O’Hara saying he has known her to live at her address for 2 years. No driver license or utility bills. Hood moves to strike from ballot and all vote to do so 3-0.
Discussed a complaint against Johnny Dupree. Six typed pages and four more pages of pictures that was faxed to Secretary of State. Complaint was over a matter of $585. SBEC determines this has nothing to do with them and Hosemann moves to reject and vote is 3-0.
When discussing whether MSGOP could replace Todd Wade Hosemann said notification on the removal of Maddox had been delivered to MSGOP on Monday but no notification had been made on Wade because he didn’t know how the vote would go. Hood said they gave notice at the Friday meeting and ample time and notice has been given.
Ballot Approved 3-0.
Misc Notes
The law allows for a challenge of a candidate’s qualifications and anyone on the SBEC could make such a challenge. But it must be done as the law provides which includes - in a general election - the 31 day window after the primary. In fact, the law allows you to challenge a candidate’s qualifications even after he has won an election. But the legislature protects candidates and parties from last minute challenges like this one through an exclusive process which was not followed. You can follow the constitution without breaking the law.
As a statewide elected Republican official, Hosemann sits on the Mississippi Republican Party State Central Committee (SCC). Wade qualified for office on May 13. The qualifying deadline was June 1. On June 3 the Mississippi Republican State Executive Committee (SEC) certified the candidates. On June 6 the Secretary of State’s Office contacted the MSGOP with questions on residency and qualifications of several candidates including Wade and some incumbent Republican legislators. The MSGOP provided their information and a week later the Secretary of State’s Office sent the MSGOP the sample ballot which included Wade as a candidate. On August 2 Wade became the Republican nominee without opposition and the 31 day clock for receiving a challenge started. On September 2, that clock stopped without challenge. Hosemann is not on the SEC. Everyone on the SEC is on the SCC but not everyone on the SCC is on the SEC. The SEC is charged by statute as the responsible body to certify the candidates. (Letter From Arnie Hederman, Chairman of the Mississippi Republican Party to Mississippi Republican State Executive Committee)
Wade believed he had been treated unfairly and appealed to the courts. Dropped his challenge saying he did not want to be responsible for the failure of overseas military ballots arriving on time. Certainly had the statutory deadline for challenging Wade’s candidacy been followed, there would have been more time. Only a few days if challenged at the last minute but had he been challenged earlier he may have had weeks to pursue a legal challenge without delaying the ballot. It seems to me that was one of the reasons the legislature created that process. (Todd Wade Statement: Todd Wade Sites Mississippi Military Personnel’s Right to Vote as Reason to End Appeal)
A federal court decision from 2007 – involving a Reform Party dispute – describes the State Board of Election Commissioners “as an administrative agency of the State of Mississippi.”
Todd Wade: “The Facts About The Election Commission’s Decision” (Includes links to his brief provided to State Board of Election Commissioners, Gourlay v. Williams and Jim Hood’s Attorney General Opinion mentioned above)
