Hattiesburg media gives new meaning to the phrase "breaking news"

There is no question that the most discussed event in Mississippi politics this week has been the Hattiesburg mayoral special election.  Unfortunately, it's also been the subject of a very public brutalization that will make it nigh impossible for whomever wins to govern.  Twitter has been the main tool of this assault, and the Hattiesburg media is AT LEAST an accessory to the crime.  I'd planned on doing a full scale take apart of all of the bad tweets from the Hattiesburg media, but that pesky thing called "law practice" kept me tied up all day.

Dustin Barnes stepped in to do the job, however, and it's pretty good. Go give it a read.

Wasn't Secretary Hosemann in Hattiesburg?

Secretary Hosemann spent the past month asking for editorial space in papers and nightly news stations, and hosted press conferences in Hattiesburg on Election Day. His team was at major precincts throughout the day, and he wanted everyone to know that he was on it. 

So, where has Delbert Hosemann been since Election Day? What were Mississippian tax dollars used for?

Why not call and ask?

Below is the phone number for the Mississippi Secretary of State Elections Office. Why not ask them directly for an explanation:

Kimberly P. Turner
Assistant Secretary of State
Elections

Located at the Heber Ladner Building
401 Mississippi Street
Jackson, Mississippi 39201
P. O. Box 136
Jackson, MS 39205-0136
Elections Hotline: 800-829-6786
Elections Call Center: 601-576-2550
Fax: 601-576-2545
E-mail Elections

Hattiesburg mayoral race sequel not very original

Yesterday's election contest between Mayor Johnny DuPree and Dave Ware bore a strong resemblance to June's election. At the end of machine voting in June, Ware held a 110 vote lead. At the end of machine voting yesterday, Ware held a 32 vote lead. 

The differences yesterday were in the turnout, with both voters and election observers showing up in substantially greater number. The U.S. Department of Justice sent observers, as did the Mississippi Secretary of State. 

The results after the machine voting were fairly similar to June's election, however, with Ware holding a statistically insignificant lead heading into affidavit and absentee ballots. Reports concerning the number of absentee and affidavit ballots, however, once again show the likelihood that DuPree will overtake Ware as those are counted. 

If that were to happen, the question would be whether or not Ware would again challenge the outcome. 

Governor Bryant Sets Date for Hattiesburg Special Election:

The Governor has set a date for the 2nd municipal election between Dave Ware (Republican Independent) and incumbent Johnny Dupree (Democrat).

September 24th, it will be.

A few things to note about this Special Election is that all candidates included on the June 4th ballot will be on the September 24th ballot unless they formally withdraw.

Also, anyone who is registered to vote 30 days prior (August 26th) can vote in the Special Election.

Judge Coleman punches the reset button, orders special election for Hattiesburg mayor

Just a few moments ago, Judge William Coleman ordered a special election for Hattiesburg mayor, bringing to a close a legal battle in which challenger Dave Ware tried to have a jury of 12 declare him the mayor of Hattiesburg. 

More as it becomes available....

A question that needs to be answered: Who was the Hattiesburg election contest jury foreman?

If you'll recall, the Hattiesburg election contest trial apparently had ended in favor of challenger Dave Ware when the jury foreman wrote a note to Judge William Coleman announcing a 9-3 vote to declare Ware the winner of the mayoral race.  But when the jurors were polled, the number was 8-4, not 9-3.  State law requires that 9 of 12 jurors agree on a civil verdict, so a mistrial was eventually declared.  

The immediate speculation amongst Ware supporters was that one of the 4 jurors who voted to let the election results stand must have been too intimidated by DuPree and his supporters to state their "real" vote in public.  (As an aside, this fits hand-in-glove with the belief amongst many white conservatives that black politicians are all Boss Tweed types who bully and intimidate their way into office.)

But now that four jurors from that trial have come forward and sworn affidavits saying the vote was never 9-3, that speculation is baseless.  The real question now is this: Who was the jury foreman in that trial who reported to Judge Coleman an erroneous vote total, and why did he do so?

***BREAKING*** - HATTIESBURG ELECTION JURORS SAY COUNT WAS NEVER 9-3

Four jurors in the Ware v. DuPree election contest trial have signed affidavits detailing what happened in the jury room during the deliberations in that case.  Those jurors say there never was a 9-3 decision in favor of Republican Independent challenger Dave Ware, despite what the jury foreman wrote in his note to Judge William Coleman.  Here's the DuPree Response to Dave Ware's JNOV Motion, at the end of which are the four affidavits:

Mayor DuPree's Response to Dave Ware's JNOV Motion

Judge Rules Ware v. DuPree a Mistrial

According to the Hattiesburg American: 

http://twitter.com/#!/hburgamerican/status/362368142816710656

Johnny DuPree is still the mayor of Hattiesburg.

Clarion Ledger recap of Ware v. DuPree so far:

It's been a busy week for our everyday lives here at Cottonmouth, so sincere apologies that we have been short of covering the Ware v. Dupree trial extensively, let alone ad infinitum.

But the Clarion-Ledger has a good piece that ran this morning that's worth a look.

A few quotes that stand out:

..blaming a total system breakdown has its own pitfalls, as DuPree attorneys were quick to show through the first week. Should innocent voters pay for the sins of well-meaning, but poorly-trained poll managers? As DuPree attorney Brandon Jones stated in his opening statement, “Voting rules are here to protect us, not to trip us up.”

The Clarion Ledger as well as other news sources have come to regard Pete Perry as an "expert witness." While I have no qualms or contention of Mr. Perry's knowledge of election law, I still find it amazing that the Hinds County Republican Committee chairman was not only allowed to go to the stand, but can also taken as a credible, unbiased source on the subject.

Lastly, a quote from a voter:

Gia Croom, who attended the proceedings throughout the week, expressed a common sentiment among some spectators — a belief that the trial is disenfranchising voters, like herself, who voted absentee.
“Once the votes are voted, it’s done,” said Croom.

Watch the Ware v. DuPree Court Proceedings Here:

The Hattiesburg American has made the court proceedings available for any to watch. If you've got the spare time, check it out. Expect a recap from CottonMouth at the end of the day:

Watch live streaming video from hattiesburgamerican at livestream.com

In Hattiesburg Mayoral Challenge, Ware's More Definitive Statement Shows Some Interesting Tactics

Judge William Coleman, the special judge appointed in the Ware v. DuPree election challenge in Hattiesburg ordered the Ware camp to provide a more detailed statement of its election issues.  On Monday, Ware filed his More Definite Statement.

Among the more interesting details of Ware’s pleading is his contention that the ballot of Kathryn Barker, the wife of Rep. Toby Barker (R-Hattiesburg), a vocal Ware supporter, should be thrown out.  It seems that Ware is willing to toss aside ballots by his own likely supporters in order to make his case.

Ware is also looking to strike the vote of General Jeff Hammond (the other highlighted name below), the outgoing athletic director at Southern Miss.

Challenged Absentee Names

Hattiesburg Mayor Johnny DuPree asks for summary judgment against Plaintiff Dave Ware

In a nutshell, the contentions are this:

1. Dave Ware misstates the law when saying that the initialing requirements apply to affidavit ballots, and
2. Even if the Court were to grant the specific relief requested by Dave Ware and throw out the specific ballots that he identifies, Dave Ware still loses by 4 votes.

Here's the Motion for Summary Judgment, followed by a Motion for Clarification regarding the jury venire issue between Forrest and Lamar Counties:

DuPree Motion for Summary Judgment

Mayor Johnny DuPree begins responding to failed challenger Dave Ware's election contest petition

Hattiesburg Mayor Johnny DuPree has responded to challenger Dave Ware's election contest lawsuit by asking the court to require more detailed information from Ware.  What follows is DuPree's Motion for a More Definite Statement, which essentially is DuPree pointing out that while Ware's Petition may be a good political document, it's not much as a legal pleading.  Most glaringly, DuPree points out that Ware doesn't even inform the defendants (both DuPree and the Hattiesburg Election Commission are defendants) of which allegations are directed at whom.  The whole thing is worth a read if you're interested at all in the Hattiesburg election contest:

Mayor Johnny DuPree's Motion for More Definite Statement

In Hattiesburg, "I" means "R"

It’s a funny thing but even in supposedly ruby-red Mississippi there are places where Republicans have to play games with the voters to have any chance of being elected.  Hattiesburg is one of those places and Dave Ware has played the game (almost) to perfection.

In a city that Democratic Mayor Johnny DuPree has built from being an afterthought to one of the major metropolitan areas in Mississippi, Republicans have tried to sweep in and take credit in the form of the candidacy of “Independent” Dave Ware.

Ware’s campaign, co-chaired by Rep. Toby Barker (R-Hattiesburg), has spent thousands of dollars in the black community in an effort to drive home the message that despite all the positive growth Mayor DuPree has ushered in, change is needed.  Nonsense.

Mayor DuPree has been a steady hand at the wheel for a city that has experienced positive economic growth in a state that, on the whole, hasn’t.  Changing horses at this point, for a guy who isn’t willing to publically declare his own party, is a bad idea.  Hattiesburg was smarter than that on election day and will be again if they have to be.

Why might they have to be?  Well, the MSGOP has swooped in to challenge the results of the Hattiesburg mayoral election, and they're asking a court to either install Ware as mayor or hold a new election.  Stay tuned.

No more totals from Hattiesburg tonight

They're done for the day and will reconvene in the morning, so the DuPree and Ware camps will have to wait.  I HIGHLY recommend following the Hattiesburg American (@hburgamerican) and David Breland (@DavidCBreland) on Twitter for up-to-the-minute news on the count.

The last word out of them was 40 accepted affidavit ballots, 56 rejected, and 19 left for review tomorrow.  The lead is still 33 for DuPree.