Here the update from the Chris McDaniel suit in Mississippi (Mary Jo Perry Facebook page). The judge named the VOTERS a party to the suit. Nicely done!
MY SUMMARY of MCDANIEL VS COCHRAN IN COURT TODAY:
Here is what I understood… and some of it may not be correct due to my lack of experience in a courtroom.
To begin I was impressed with the judge. He made it a point to say that this case is not about the parties but the VOTERS and named voters in the suit! He also asked if McDaniel wanted go back and add the SOS as a defendant. I understand the Cochran team plans a motion to dismiss, but I don’t see this judge doing that at all. He made more than one comment describing the breadth and width of the case.
Purpose today was to bring council together and lay out a plan going forward.
Mitch (McDaniel’s attorney) had two requests.
1- To enjoin all circuit clerks to preserve election material. Judge says he does not have the power to issue an injunction. He will, however, send a notice to all circuit clerks , language of which will be suggested by McDaniel team in collaboration with Cochran team, to preserve election materials as they are evidence.
2- To delay printing of ballots until case resolved for political reasons as well as financial. Judge said that the law required reprinting of ballots if they are printed b4 this case reaches conclusion and then the court rules in Chris’s favor. So he says he doesn’t have the power to delay printing. Ballots will be reprinted if the court rules in Chris’s favor. Judge went on to say that he is required to work diligently to get this resolved on time so that printing of ballots will not be an issue. He added that he didn’t believe the writers of the statute requiring him to do so in such a time frame and not allowing for delay of printing, realized the breadth of such a case as this having 82 counties involved.
The Judge gave Chris’s team permission to begin “discovery” (not sure exactly what that entails) and gave Thad’s team until the 26th to respond. Motions filed will be heard Aug 28.
The Judge thought the original date for trial to begin would be 9/30 and be done in the first week of October. However, since he is going to work diligently to get this done before ballots are printed, he would like for it to begin instead on the 28th, if not the 15th or the 22nd at the latest.
Judge will issue a scheduling order by the end of the week.
Here is an email Chris McDaniel sent out after today’s hearing …
Today we learned that our election challenge is moving forward, and we’re very pleased to learn that Judge McGehee has a sense of both urgency and accuracy, and a strong commitment to the rule of law.
Here’s what we learned at today’s hearing:
Judge McGehee is moving forward quickly, and he wants to have this case decided before the November election.
He also indicated his authority to unseat Cochran if he were elected in November.
In another positive development, the judge communicated in a letter to circuit clerks that they should preserve the election records for the trial.
This is big news, and it is a clear sign the judge expects that evidence will be heard in court. So, what does this mean for us?
It’s important to note that some in the media and Cochran’s camp are selling the canard that once the ballots are printed, that’s all she wrote. This is plainly false.
While the judge is trying to complete this trial in a timely manner as possible — and it would be most cost effective to reach a judgment prior to the printing of the ballots — the law is very clear that the challenge can continue even past the general election in November.
If the court rules in our favor after ballots have been printed, the ballots will be reprinted.
According to case law, if we are successful in this election challenge, Sen. Cochran could be required to vacate the seat even AFTER the November election.
As this trial is set to start, the discovery process will begin anew. Our attorneys will have to go into most of Mississippi’s 82 counties in order to examine the election records in question.
This will be a very costly endeavor, and we will need your support to help us keep the election process in Mississippi honest.
Felicia Kitzmiller reporting at SHJ (Note SHJ is a paywall site):
If Spartanburg County voters approve Sunday alcohol sales, state Rep. Doug Brannon wants municipalities to be able to opt out of such sales.
Brannon spoke to the council at its Monday meeting and asked it to amend its Sunday alcohol sales referendum. Brannon said he is not opposing or promoting the sale of alcohol on Sundays, but advocating for the town of Chesnee, which lies within his legislative district. Brannon said Chesnee Town Council members voted unanimously that they do not want bars or restaurants within the town to be permitted to sell alcohol on Sunday.
âThe city of Chesnee has spoken, so they will take that to their people when the time comes, and the time is now,â Brannon said.
and in other County Council news …
*Approved a request for the Spartanburg Alcohol and Drug Abuse Commission to hire four new staff members to assist with an overburdening of the countyâs mental health system.
*Approved fee agreements for several economic development projects, including Toray Carbon Fibers America.
*Received information about the recent NSA Softball championship held at Tyger River Park that attracted more than 130 teams from 17 states and had an estimated economic impact of $3.2 million.
*Agreed to issue an advisory referendum relating to Una Fire Department seeking a tax increase.
*Allowed Pacolet Milliken to change the materials called for in an agreement to construct a trail in conjunction with its Drayton Mill rehabilitation project, and granted the company an extension on completing the work.
We Love Sheriff Chuck Wright! and are so proud of this …
Wright was sworn in as president of the South Carolina Sheriffâs Association July 14 and will serve a one-year term. He was elected out of a group of 46 sheriffs in the association.
Sheriff Chuck Wright plans to use his term as president of the South Carolina Sheriffâs Association to lobby for reformed concealed weapons legislation and strengthen smaller sheriffâs offices while representing Spartanburg County across the state.
Lobbying for law enforcement-related legislation is among the associationâs priorities.
Wright plans to push for a bill concerning firearm training requirements. A conceal carry reform bill signed by Gov. Nikki Haley in February eliminated the eight-hour training requirement for a handgun course when applying for a concealed weapons permit.
âI didnât like it when they cut the requirements down. I donât want to infringe on anybodyâs rights to own a gun but come on, man. My officers train and train and train all throughout the year.â
Wright said he wants to push an either six- or eight-hour requirement. Otherwise gun purchasers may find a one- or two-hour class and be handed a CWP with little firearms training, he said.
I suspect there may be some who would balk at the law requiring training. I have my CWP and I will say that without training I’m not sure I’d want to carry a gun … I had zero experience prior to the training other than a brief class a couple of years ago, and it was so helpful for me to grow in knowledge and confidence.
But … balk another day. Today … let’s high five our Sheriff!
If you want a reminder of why Sheriff Chuck Wright is a great pick to help other counties … Click here to see boldness and sound reasoning!
Repair Man Jack has a diary at Redstate that has sums up the Rick Perry situation with enough detail and a few videos. If you want to get caught up, click the link above and read up.
It begins …
A recent turn of events in Texas perhaps partially explains why government leaders do such a poor job of combating blatant corruption and professional disinterest in their ranks. This involves a disgusting turn of events starting with a Texas DA doing her best impression of Jabba The Hutt pickled in Stoly and ending with Texas Governor Rick Perry being indicted for two felony counts of abusing his powers. His abuse of power consisted of him attempting to enforce a basic standard of conduct and decency among people paid on the public dime.
“I acceptted the âŞ#âALSIceBucketChallengeâŹ from Rep. Dennis Ross in honor and memory of my friend Jo Gramling Lopez. I now challenge my friend, Congressman Jason Chaffetz, you have 24 hours!”
CLICK HERE to see the full video!
Guest blog by Kerry Wood / Citizens for a Free Market
Someone told me last week that those of us (fiscally responsible adults) who oppose this Sneaky Way to Raise Your Taxes are being called ânaysayers.â To begin with, I didnât care a lot about how much they were raising taxes or how the money was to be spent. I am, however, fundamentally opposed to more taxes and debt and particularly disturbed by the underhanded way they are going about forcing this on the people of School District Five.
So what should we call those who are in favor of more taxes and debt? Hereâs a little food for thought on that:
Those pushing this are spinning out every reason they can in an attempt to make people âfeel goodâ about taking on more debt and taxes. They say they need the money because they are expecting a 500 student increase over the next few years. This is the âitâs for the childrenâ argument which is an attempt to paint anyone who disagrees as someone who dislikes children while making people feel good about taking even more of their earned income and giving it to the government. That would work out to $142,000 per student if that were the case. If you could build 500 nice family homes for that amount of money, how could it possibly cost this much in commercial construction to make room for 500 new students?
The other thing they are spinning out is regarding everything this football team has done for the community. Another feel good argument and who wants to oppose Byrnes Football?
So what are they really using the money for? Itâs really difficult to tell looking at the documentation District Five has published. The$ 71 million debt is allocated to several phases of construction. The only real piece being accounted for is the nearly $12.5 million for the stadium (including $825,000 for synthetic turf). I could see an argument being made for synthetic turf versus upkeep costs of a grass field but I have a couple of problems with this.
1) It is my understanding this debt can be paid back in about 6 years. That doesnât sound so bad, but the warranty on most synthetic fields is 8 years (even though most last 10 to 12 year), but then what? Will we have to take on more debt to replace the field or is there any sort of plan to prevent that?
2) I requested a quote from a company for a synthetic turf field and went high-end on options. The quote was $660,000 ($165,000 less). Who is the contractor for this job? Is it too late for me to put in a bid of my own to get the job done and subcontract it? Iâd be happy to save the taxpayers $65,000 for my trouble. J
They want to tell us that this tax increase is only about $50 per home owner. That would be for a $100,000 home and maybe that doesnât sound like much, but what they are failing to disclose is that Spartanburg County is also likely to raise your taxes for county projects so this is just dumping on top of that. Also, this is not just a tax increase on your home, but rather it is an increase on ALL property, your car, your boat, your RV, your business, or whatever property in which you own and pay tax. This is an increase across the board.
Public schools already have more than 200 funding sources. Granted, a couple of those sources may have declined, but the majority have increased, so overall they continue to get more and more money as the years go on. When they claim they have funding cuts, ask them which source was cut? How many of the other funding sources went up?
All of this in a bad economy when fewer people are working and less and less is being provided to the classroom (students or teachers). For all the money we are spending on government education, it still does not go where it is needed most and they continue to ask us for more. The average parents of a high school student now spends $683 per year on school supplies. Teachers continue to spend money out of their pockets for stuff they need in their classrooms. How much of this money is going toward alleviating that problem? NoneâŚ they will put us in debt another $71,000,000, raise our taxes and parents, teachers and students will not benefit any further from it. But hey! Weâll have the nicest high school stadium around, more classrooms, and wider halls all in ONE school.
When I saw this posted on a blog:
David Martin – August 12, 2014
Byrnesâ football stadium is too small for the caliber of football they play and the population in District 5 is growing. Along with growth is the need for additional space and facilities. As a property owner in District 5 I will be voting in favor of this referendum.
Will people actually let their love of football translate into the acceptance of more debt and taxes? This reminded me of an old quote: âA fool and his money are soon parted.â ~ Thomas Tusser. But, Iâm just a naysayer. Has anyone thought of any good names for those who want more taxes and debt? If notâŚ I think I have a fewâŚ
Washington State Republican Party Chairman Susan Hutchison on YouTube explaining why it is important to become a Precinct Delegate and have a voice and a VOTE inside the Republican Party. The rules to become a Delegate are different from state to state, South Carolina’s process is completely different. But the message is the same … THIS is how to change your local party for the better!
I think Matt Moore will do GREAT on video, don’t you? !!!
I have been usually busy. That’s a good thing. It’s better than not being busy. But I’m sad that I haven’t been able to post a blog on all the news in the past few days. So I’m going to just admit defeat and give you all some links to what’s been happening, without commentary.
POLITICAL AND LEGISLATIVE GUIDELINES FOR PASTORS AND CHURCHES
what can pastors/church DO and NOT DO re: politics legally?
Two articles about Rick Perry indictment:
Two articles on SC Grand Jury probe re: Bobby Harrell ending
THERE! Now you’re all caught up!
I’ll try to do much better this week!
Ray Moore reached out to me today. He’s heard of our upcoming September 9 District 5 School Board scheme to raise taxes by holding an election to do just that on a date that NO ONE … no one but teachers and school administration/school board members … would think to show up at the polls.
Ray is facilitating some training in Columbia on August 23 that impacts directly these type of “SURPRISE!” tax referendum votes. Ray tells me that he needs some more sign ups very soon or he’ll have to cancel this event.
CLICK HERE for more info.
The class instructor is Paul Dorr (click here for Paul’s website to learn more about him).
Welcome to Roll Back Local Gov website sponsored by Copperhead Consulting Services (Copperhead). Copperhead provides consulting services in political and financial matters designed to start rolling back the cost and spending patterns of local government. CCS operates in nine states from South Carolina to South Dakota and from Minnesota to Texas.
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Please check out the August 23 event and sign up if this is something you want to learn more about. Definitely check out Paul Dorr’s website.
This will not be the last time the School Boards pulls this crap.
At last night’s Spartanburg Tea Party meeting Steve Brockman, on the Board at School District 5, joined us. I gave him 10 minutes to speak on the upcoming tax increase vote on September 9. Jim McMillan spoke against it. Steve was a good advocate for his position, and I appreciate him joining us, not knowing how he’d be received! I think I was the least gracious, so really everyone accorded themselves very graciously. Steve sent me a couple emails this morning which he said I could post so you could have info from the other side. I’m posting info from both emails so there may be a bit of duplication, I just don’t have time today to scale them down. Below…
Thank you for the opportunity to speak tonight. When I decided today to attend I knew it would potentially be a difficult meeting for me. While I may not have changed any one’s mind, it was important to me that District Five reach out to a group of very well-intentioned citizens who sincerely care about our community and how our government functions. I thought you and whole group were gracious and respectful given our opposing view on the referendum.
While I certainly understand the cynicism expressed tonight, especially given the current condition of our federal and state governments, this project is the right thing for our students and our community. We are blessed to live in a growing community with high expectations for our public schools. Our elected school board voted unanimously to approve this building program and to put forth to District Five taxpayers the choice to vote for or against the tax referendum. I remain very optimistic that our community will support this investment in our future. Financing and construction costs will only increase if we delay this project further or if we have to piecemeal the construction over 15 or 20 years to remain within our borrowing limits (without a successful tax referendum).
I want to stress that District Five is an excellent steward of taxpayer’s money. We have not raised operating tax millage rates in five years, during which time we furloughed district employee pay and significantly reduced our administrative expenses. During the past three years alone, and completely within current state law, we could have permanently increased operating millage rates by more than twice the amount of this referendum without a public vote. In the most recent In$ight data, we were again ranked #1 out of 85 school districts in South Carolina for % of funding going to the classroom (instruction and instructional support).
I’m very proud of District Five for the way in which we are preparing future generations of responsible citizens and for how we are using our resources. D5 is a model public school district. While we are not perfect, there is much that can and should be celebrated. We are not what is broken in government.
Thanks again for welcoming me tonight.
One thing I didn’t mention last night is D5′s tax rates in comparison to the other Spartanburg school districts. We are currently, and will continue to be if the referendum passes, ranked second to lowest debt service millage out of the seven districts. The only district with lower debt service millage is District 4, who has only four schools and very little, if any, student enrollment growth.
If you take our total tax millage (operations + debt service), District 5 is 26.7 mils below the average of the other six districts. 26.7 mils is double the tax increase we will be voting for on September 9.
I want to stress that District Five is an excellent steward of taxpayer’s money. We have not raised operating tax millage rates in five years, during which time we furloughed employees, reduced district employee pay and significantly reduced our administrative expenses by consolidating/eliminating positions. During the past three years alone, and completely within current state law, we could have permanently increased operating millage rates by more than twice the amount of this referendum without a public vote. In the most recent In$ight data, we were again ranked #1 out of 85 school districts in South Carolina for % of funding going to the classroom (instruction and instructional support).
While I certainly understand the cynicism expressed last night, especially given the current condition of our federal and state governments, this project is the right thing for our students and our community. We are blessed to live in a growing community with high expectations for our public schools. Our elected school board voted unanimously to approve this building program and to put forth to District Five taxpayers the choice to vote for or against the tax referendum. I remain hopeful and optimistic that our community will support this investment in our future. If the tax referendum fails, financing and construction costs will only increase, making our inevitable building projects more expensive for taxpayers.
I’m very proud of District Five for the way in which we are preparing future generations of responsible citizens and for how we are using our resources. In my humble opinion, D5 is a model public school district. While we are not perfect, there is much that can and should be celebrated.