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Trial set for September in McDaniel’s challenge in Mississippi Senate runoff

Attorneys for U.S. Senator Thad Cochran want judge to dismiss McDaniel’s suit because it was filed too late

♦By Rich Shumate, Chickenfriedpolitics.com editor

mississippi mugJACKSON, Mississippi (CFP) — State Senator Chris McDaniel’s legal challenge to results of his June 24 GOP U.S. Senate primary runoff loss in Mississippi will begin September 15, a state judge has ruled.

State Senator Chris McDaniel

State Senator Chris McDaniel

In an August 21 order, Hollis McGehee, the retired judge appointed to hear McDaniel’s challenge, said the trial must be completed by October 3 — three weeks after the state’s deadline for printing ballots for the November election. The trial will be held in Jones County, where McDaniel lives and where his suit was filed.

McDaniel went to court to overturn the results of the runoff, asking McGehee to either declare him the U.S. Senate nominee instead of incumbent U.S. Senator Thad Cochran or order another vote. Certified results from the runoff show Cochran beating McDaniel by 7,667 votes.

But attorneys for Cochran are asking McGehee to dismiss the case, saying that McDaniel missed a 20-day deadline to go to court to overturn the election. The judge has set a hearing on Cochran’s motion for August 28.

McDaniel led Cochran in the first round of voting on June 3. But after making direct appeals to Democratic and independent voters to cross over and vote in the runoff, Cochran erased McDaniel’s lead and won by 7,667 votes — a move that enraged McDaniel’s supporters.

About 67,000 more people voted in the runoff than in the primary, and in Hinds County — which includes the predominantly black city of Jackson — Cochran’s margin of victory was 11,000 votes, nearly double what it was in the first round.

State law only allows voters to cross over to vote in the Republican runoff if they didn’t vote in the Democratic primary in the first round. McDaniel’s attorney, Mitch Tyner, has said there were at least 3,500 crossover votes that should not have been allowed.

Tyner also maintains another 9,500 votes were “irregular,” and 2,275 absentee ballots were improperly cast. Those votes, together, are more than Cochran’s margin of victory.

McDaniel went to court after the executive committee of the Mississippi Republican Party declined his request to overturn the results of the runoff and declare him the winner.

U.S. Senator Thad Cochran

U.S. Senator Thad Cochran

The bitter Senate race in Mississippi pitted Cochran and the state’s Republican establishment against Tea Party activists and outside conservative groups — such as the Senate Conservatives FundFreedomWorks and the Club for Growth — that strongly backed McDaniel.

Cochran was one of five Southern Republican senators targeted in primaries this year. All five survived.

If Cochran survives the legal challenge, he will face former Democratic U.S. Rep. Travis Childers in November.

Florida judge upholds new U.S. House map, but it won’t be used until 2016

Leon County Circuit Judge Terry Lewis’s ruling clears the way for the state’s August 26 primary

♦By Rich Shumate, Chickenfriedpolitcs.com editor

florida mugTALLAHASSEE, Florida (CFP) — Just days before Florida’s primary, a state judge has approved a redrawn map for the state’s 27 congressional districts but delayed its implementation until the 2016 elections.

Florida Circuit Judge Terry Lewis

Florida Circuit Judge Terry Lewis

The August 22 ruling by Leon County Circuit Judge Terry Lewis clears the way for the August 26 primary to proceed without the possibility of a special election later in the year under the redrawn map.

The ruling was a victory for the leadership of the GOP-controlled legislature, who maintained that imposing the new map now would have wreaked havoc on the state’s electoral process.

“Thankfully, the court listened to supervisors of elections and the Secretary of State and rejected plaintiffs’ plan, which would have thrown the 2014 elections into chaos and could have resulted in our state being without congressional representation for weeks or even months,” said State Senate President Don Gaetz in a statement.

However, the groups that sued to strike down the map, including the League of Women Voters, say they will appeal the ruling, contending that the changes made by the legislature during a special session earlier in the month didn’t go far enough to fix the unconstitutional gerrymandering that prompted Lewis to strike down the original map.

Lewis ruled that the new map “adequately addresses the constitutional deficiencies” he found in the original map drawn after the 2010 Census.

While conceding that alternatives offered by the plaintiffs might be less gerrymandered, Lewis said the legislature isn’t required “to produce a map that the plaintiffs, or I, or anyone else might prefer.”

“The legislature is only required to produce a map that meets the requirements of the constitution,” Lewis said. He also said the plaintiffs had failed to prove that using the new map this year was “legally and logistically doable.”

In July, Lewis ruled that two districts in northwestern and central Florida — the majority black 5th District and the Republican-leaning 10th District — violated two constitutional amendments Florida voters approved in 2010 designed to limit political gerrymandering.

Under the new rules, districts cannot be drawn to benefit any political party and must be geographically compact. However, the amendments left redistricting in the hands of legislators, rather than turning it over to an independent outside panel.

In the original map, the 5th District, held by Democratic U.S. Rep Corrine Brown, was a majority black district that meandered from Jacksonville over to Gainesville and then down to Orlando. At one point, it is the width of a highway. The 10th District, held by Republican U.S. Rep. Daniel Webster, was anchored in central Florida west of Orlando but had an appendage that wrapped around Orlando to take in GOP voters to the east in Seminole County.

Lewis ruled that the map draw packed black voters into the 5th District to make surrounding districts more Republican and that the appendage was added to the 10th District to help Webster, both of which were unconstitutional.

In the new map, the 5th District still runs from Jacksonville to Orlando, but some black voters in the Orlando area were shifted to adjacent districts and some more rural areas were added south of Jacksonville to make the district geographically wider. The new district is 48 percent black. The new map also removed the appendage from Webster’s district.

Because House districts must have equal population, the changes to those two districts required slight changes in five surrounding districts in central Florida.

The League of Women Voters proposed a different map that would have the 5th District running due west from Jacksonville past Tallahassee — a change that would have required a wholesale revision of the map statewide.

A Democratic alternative rejected by the legislature didn’t as far as the plaintiff’s map, but it would have made the 7th and 10th districts more evenly split between Republicans and Democrats.

Although Florida is evenly divided politically, Republicans enjoy a 17-10 advantage in the state’s congressional delegation, largely due to their control of the redistricting process. The new map is not expected to change the delegation’s partisan balance.

Poll: Kay Hagan and Thom Tillis in dead heat in North Carolina U.S. Senate race

Poll has Democrat Hagan and Republican Tillis within the margin of error

♦By Rich Shumate, Chickenfriedpolitics.com

north-carolina mugRALEIGH (CFP) — Democratic U.S. Senator Kay Hagan and her GOP challenger, State House Speaker Thom Tillis, are in a statistical dead heat in Senate race in North Carolina, a new poll shows.

U.S. Senator Kay Hagan

U.S. Senator Kay Hagan

The Suffolk University/USA Today poll showed Hagan’s support at 45 percent to 43 percent for Tillis, which was within the poll’s margin of error of plus or minus 4.4 percent.

The poll found a significant gender gap in the race. Hagan held an 18-point lead among women, while Tillis had a 14-point lead among men.

Hagan, 61,  who is seeking a second term, is one of the top Republican targets in this election cycle. Tillis, 53, won a hotly contested GOP primary to win the right to take her on.

Outside groups supporting both candidates have already poured more than $10 million into the race.

Former U.S. Senator Zell Miller endorses Democrat Michelle Nunn in Georgia Senate race

Miller, a popular two-term Democratic governor known for endorsing Republicans, cuts TV ad for Nunn

♦By Rich Shumate, Chickenfriedpolitics.com editor

georgia mugATLANTA (CFP) — Former U.S. Senator Zell Miller has made a high-profile endorsement of fellow Democrat Michelle Nunn in Georgia’s hotly contested U.S. Senate race, a major boost to Nunn’s efforts to position herself as a moderate distant from national Democrats.

Former U.S. Senator Zell Miller

Former U.S. Senator Zell Miller

Miller, a Democrat who angered many in his party with his 2004 endorsement of President George W. Bush, has cut a television ad for Nunn that touts her as “a bridge builder, not a bridge burner.”

“I’m so angry about what’s going on in Washington — partisanship over patriotism. They can’t stop themselves, but we can stop them. Let’s send Michelle Nunn to the Senate,” Miller says in the ad. “Michelle Nunn gives this old Georgian hope.”

Nunn, the daughter of former Democratic U.S. Senator Sam Nunn, is running against Republican David Perdue, the cousin of former Republican Governor Sonny Perdue. Neither candidate has run for office before.

The Perdue camp has not directly responded to Miller’s endorsement.

Miller, 82, is a venerable — if unpredictable — figure in Georgia politics, serving four terms as lieutenant governor and two terms as governor before being appointed to the Senate in 2000 to replace the late Republican Paul
Coverdell.

In 2004, while still sitting as a Democrat in the Senate, he not only endorsed Bush but gave the keynote address at the Republican National Convention, where he offered a withering critique of the Democratic nominee, John Kerry. Miler did not seek re-election that year, but he rejected suggestions that he switch parties, opting to remain a Democrat.

In addition to Bush, Miller endorsed the Republican replaced him in the Senate, Johnny Isakson, and the state’s other Republican senator, Saxby Chambliss, whose retirement is opening up the seat Nunn is seeking. He was also co-chair of Newt Gingrich’s unsuccessful campaign for the GOP presidential nomination in 2012.

Recent polls have shown a close race, with Perdue slightly in the lead.

Perdue and outside conservative groups have been trying to tie Nunn to President Obama. The National Republican Senatorial Committee is in the middle of a $2.5 million ad buy calling Nunn “Obama’s senator.”

Unlike Democratic incumbents in the South who voted for Obamacare, Nunn does not have that vote to defend. But she has come under fire for evading a clear answer when asked whether she supports the president’s health care law.

View Zell Miller’s ad endorsing Michelle Nunn:

Defiant Texas Governor Rick Perry vows to fight indictment

Perry insists he was standing up for the rule of law when he vetoed funding for a local prosecutor jailed for drunken driving

♦By Rich Shumate, Chickenfriedpolitics.com editor

texas mugAUSTIN, Texas (CFP) — With a defiant and determined tone, Republican Texas Governor Rick Perry is vowing to fight his indictment on two felony charges stemming from his veto of a funding bill for an Austin prosecutor who refused his demand that she resign after being arrested for drunken driving.

Texas Governor Rick Perry

Texas Governor Rick Perry

“I stood up for the rule of law in the state of Texas, and if I had to do it again, I would make the exact same decision,” Perry said in an interview with Fox News Sunday on August 17. “This is not the way that we settle … political differences in this country. You don’t do it with indictments. We settle our political differences at the ballot box.”

A grand jury in Travis County, which includes Austin, indicted Perry on felony charges of abuse of power and coercion stemming from his veto of $7.5 million in funding for a public integrity unit in the office of Travis County District Attorney Rosemary Lehmberg. If convicted, he could face prison time.

In April 2013, Lehmberg, a Democrat, was arrested for driving with a blood alcohol level nearly three times the legal limit, and video showed her being combative with the arresting officers. She pleaded guilty and served 20 days in jail.

Perry demanded the Lehmberg resign and threatened to veto funding for the public integrity unit — which investigates elected officials across Texas — if she refused to go. When Lehmberg refused to resign, Perry vetoed the funding.

“I had lost confidence in her. The public had lost confidence in her. And I did what every governor has done for decades, which is make a decision on whether or not it was in the proper use of state money to go to that agency,” Perry told Fox News Sunday.

Many Republicans in Texas, including Perry, have long been critical of the public integrity unit, saying it empowers Democratic prosecutors elected in Democrat-leaning Travis County to launch politically motivated investigations of Republicans.

A Republican judge appointed a special prosecutor, San Antonio attorney Mike McCrum, to investigate the circumstances of Perry’s veto after a complaint was filed by a liberal advocacy group.

Early in the Obama administration, McCrum had been considered for an appointment as a federal prosecutor, with the backing of Texas’s two GOP senators. But he withdrew his name in 2010 after the appointment stalled in the Senate.

Perry, the longest-serving governor in Texas history, is not running for re-election this year. But he is considering making a bid for the White House in 2016, after making an unsuccessful presidential run in 2012.