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Perkins/McAdams Election CONTEST sent back to state court

Monday, September 29, 2014, 8:17 pm News Flash Archive

This afternoon, Federal District Court Judge Debra Brown sent the Sheriel Perkins election contest against Mayor Carolyn McAdams back to state court for trial.

The election contest had been languishing in federal court for over 14 months after, in an almost unprecedented move, Mayor McAdams had it removed to federal court. Mayor McAdams is being represented by top-drawer Republican attorney Mark Garriga, who is also representing Thad Cochran in the McDaniel election contest presently before the Supreme Court.

McAdams had claimed that Perkins, by alleging violations of Section 2 of the Voting Rights Act, and of the Help America Vote Act, had raised federal law questions, and therefore federal court is the proper place to try the election contest, instead of state court.

But in response almost a year ago, Perkins amended her complaint to strike all those federal claims.

Today, the Federal Judge ruled that her court had no federal jurisdiction, and REMANDED, or sent the case back down to Leflore County Circuit Court for trial as a garden variety election dispute.

Special Judge Samac Richardson had already been assigned to the case in state court by the Mississippi Supreme Court.

The federal court's order from today may be viewed here:
Court Order remanding Election Contest to state court

John Pittman Hey
The Taxpayers Channel

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