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Todd Wade Isn’t Backing Down

September 14, 2011

On his website today, Todd Wade, a Senate candidate who was removed from the ballot yesterday, posted a lengthy response to that decision, “The Facts About The Election Commission’s Decision.”

In a statement today, Wade said, “I have met all the requirements asked of me by the Commission, and I have been previously certified by the Mississippi Republican Party and by the Secretary of State. This is illegal and smacks of good ole boy politics. It is extremely disappointing that Secretary Hosemann would go against Governor Barbour and Lt. Governor Bryant and would side with Democrat Jim Hood. The maneuver effectively reappoints a Democrat to Senate District 9…I maintain now, as I have from the beginning that I meet all of the requirements to run for this seat and that I am qualified to hold office. I hope voters will investigate the facts for themselves and call both Secretary Hosemann and Attorney General Hood and tell them to reverse this illegal decision immediately.”

The full details of Wade’s response is below the fold, and check out his site for additional reading on the brief to Hosemann and Hood, along with a Supreme Court decision, and even an opinion from Hood which he went against on Tuesday.

The Truth

On September 13, 2011, Mississippi Secretary of State Delbert Hosemann partnered with Attorney General Jim Hood and removed Todd Wade from the November 8 ballot in blatant violation of Mississippi law. This page is intended to provide the public the full story, and it is also a call for your support and help.

The Opposition

Many people believe that Hosemann plans to seek higher office in years to come, but we will not allow him to illegally use his political opposition as stepping stones to achieve that goal. However, Hosemann and Hood have the entire Mississippi treasury at their disposal, so this fight is a tough and costly one. We need your help.

Support

If you have any comments, offers of support, or information, please email them to todd@toddwade.net or call 662-701-7315 Further, Todd Wade is committed to open and honest government, so this web page is also an open challenge to Hosemann, Hood, or any other person to prove that Hosemann and Hood’s actions were anything other than illegal.

The Details

Todd Wade registered to vote in his senior year of high school (1995), and he has been a resident of Lafayette County since returning from the NFL in January 2009. He has voted regularly since returning, and Hosemann and Hood have acknowledged this. Thus, he is constitutionally qualified and entitled to run for Senate. That is the reality of the situation.

Pursuant to statute, he was certified by the Mississippi Republican Party and then by the Mississippi Secretary of State. After that, like any candidate, the following Mississippi law is controlling:

§ 23-15-963. Exclusive procedures for contesting qualifications of candidate for general election; exceptions

(1) Any person desiring to contest the qualifications of another person …shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election …

The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office…

The primary occurred on August 2; thus, Mississippi law states that the last day to challenge a candidate was September 2. Further, Mississippi law requires any challenged candidate to receive two days notice of his challenge. This is called due process. Hosemann gave Wade just under two hours notice, and, had Wade not been on his way to Jackson, Hosemann and Hood would have made this decision without even allowing Wade to be present. When presented with this law, Hosemann said, “This Commission has special powers, and we’re going to figure out what those are.” Well, you needn’t look far because they are clear. The Secretary of State and Election Commission do not have any “special powers,” and they are bound to 23-15-963 as much as any other citizen. In Gourlay v. Williams, the Mississippi Supreme Court addressed this issue directly stating that 23-15-963 and 23-15-961 are the sole means for challenge prior to an election. Hosemann and Hood are not above this law.

Further, Hood himself issued an opinion which addressed untimely challenges and stated, “We are of the opinion that a municipal party executive committee may not hear or act on a petition challenging a candidate’s qualifications that is filed after the statutory deadline of ten (10) days after the qualifying deadline. There is no statute providing for any further challenge before the executive committee after the ten day deadline.” Hood AG Opinion No. 2005-0185. Hood even quoted Gourlay, the very case Wade’s attorneys cited in their arguments! This analysis is identical to Wade’s challenge, but Hood ignored his own opinion to get Wade off the ballot.

This is just a brief overview of some of the issues surrounding these illegal actions. Please read the explanatory letter which was sent to Hosemann and Hood prior to the September 13 meeting for even more bases of illegality.

Conclusion

Wade was fully qualified, and Delbert Hosemann decided to be investigator, judge, jury, and executioner in appointing Wade’s opponent to the District 9 Senate Seat. He unequivocally took that vote away from the public and granted it to himself. Thousands of voters have been disenfranchised by Hosemann’s actions, and his only explanation for his actions is that he has “special powers.”

No elected official should have the audacity to claim to have “special powers” to violate the laws of the State of Mississippi, but, as of now, Hosemann has gotten his way.

It is just this type of political maneuvering and disrespect for the voters that Wade sought to oppose as a newcomer to public service, but, for some unknown reason, Hosemann has chosen his own desires over the plain language of the law.

Contacts

Please contact us with offers of support at todd@toddwade.net or call 662-701-7315, but, also, if you would like to express your dissatisfaction with Hosemann’s “special powers,” please email or call the following people:

13 Comments leave one →
  1. Dontreadonme permalink
    September 14, 2011 11:50 pm

    Sounds like that guy from the coast with a funny name was on to something.

  2. Chris Jones permalink
    September 15, 2011 9:03 am

    Very disappointed in the Secretary of State. By allying himself with Jim Hood, he has damaged his prospects in any fuure Republican Primary.

  3. catty14 permalink
    September 15, 2011 9:11 am

    What is the challenge? I haven’t read enough information to understand what prompted Hosemann to make this leap of law to disqualify someone. Please, somebody let me know what the fight is all about? I moved to Tampa in the eighties and came home to vote and to maintain this as my permanent residence……even contacting the Clerk of Circuit Court to let them know that I was on temporary work assignment…..which I was told was legal. When I knew I could not be back here to vote I wrote ahead for absentee ballots. What more could one do if this is in the same ballpark as what Wade did? And to even get close to being an ally of Hood’s in this matter; or to seek his assistance in the form of an opinion, means you are willing to dance with the devil to get out of hell.

    • David permalink
      September 15, 2011 5:17 pm

      Wade did not register in Lafayette county until 2010. Before that he CLAIMS that he was registered in Rankin county, but admits to having never voted there and there is no evidence of his registration on record. He is now appealing because they literally have NO OTHER CHOICE and have likely spent thousands of dollars for naught. The constitution clearly states that you must be a qualified voter for 4 years in Mississippi before running. Wade doesn’t meet the requirement. It sucks, but it’s the way it is.

  4. Pat Bruce permalink
    September 15, 2011 12:25 pm

    Proof positive Delbert Hosemann is a democrat and oblivious to the laws of the MS Constitution. This is not the first time he has erred in his interpretation and arrogance in overstepping his authority. The MS House overwhelmingly voted 105 – 2 to tell him HE WAS WRONG and the conservatives and republicans need to remind him again that HE is in error! Hoorah for Todd Wade…pursue the challenge and know the conservatives and tea party are behind you. Pat Bruce, President, Madison County Tea Party

  5. John Q. Public permalink
    September 16, 2011 3:48 pm

    Welcome Secretary Hosemann to the Democratic Party. Now, lets wipe the floor in 2015 with Party Line Phil’s butt. (And that is exactly what would happen, You boys better be careful what you wish for.)

    Have you ever thought that following the law just might be more important than partisan politics? Of course not.

  6. Dale W. permalink
    September 16, 2011 7:53 pm

    Did the President of the Madison County Tea Party really just say that?

  7. not a fish fan permalink
    September 17, 2011 10:30 am

    The Rankin county Circuit says there might, could, maybe have been a error, she doesn’t know… but if there was a error in records she cannot find it.

    • Someoneinnorthms permalink
      September 17, 2011 4:50 pm

      How would you find evidence of something that was lost?

  8. justmyopinion permalink
    September 18, 2011 6:36 pm

    I think all of this is ridiculous. Pat Bruce is a very sweet lady and awesome at what she does, but if that is really her post up there, I have to disagree with her on this one.

    The statute here is very unclear. If you read it all, though, you come away with the feeling that the burden of proof lies with the candidate. If Todd Wade cares so deeply about public service, why can’t he prove that he voted ONE TIME in the past 15 years? If he ever signed a poll book for the dozens, maybe hundreds, of votes in which he was qualified to participate (or sent in an absentee ballot), there would be no qualm here. My guess is that he really is not qualified. And no, I am not a Democrat. I just believe that Secretary Hosemann is a smart man who acts with integrity, regardless of what pundits, party people, and people with weak principles who only care about political expediency (ahem, Phil) want, and I can stand with him on that.

    In short, I think he acted with integrity, and that Wade should let it go and try again in four years. I understand that this is Wade’s only option, so I doubt this controversy will end neatly or soon. But to anyone who thinks this will permanently damage Delbert’s chances for higher office, may I direct you toward his name ID, fundraising ability, and the fact he has won his office for 4 more years.. which is about the same amount of time that any higher office will be open. Plenty of time for him to keep doing an excellent job as SOS, and a much longer time than the attention span of the average voter. I’m not saying it won’t permanently damage him — certainly the events that lie ahead remain to be seen — but I hope that it doesn’t, and I wouldn’t put my money on that outcome at the current time.

  9. Dontreadonme permalink
    September 18, 2011 11:04 pm

    It seems to me that the Lafayette County Circuit Clerk would hold the key. Since Wade switched his voter registration from Rankin to Lafayette County in 2009. The Lafayette County Circuit Clerk would have to contact Rankin County to confirm his previous registration and place Rankin County on notice to perge the books to prevent Wade from voting twice. In turn, Rankin county would not have record of Wade’s registration.

    • Pat Bruce permalink
      September 19, 2011 12:46 am

      Good evening to Just My Opinion….my Grandpa always said, ‘if a man has something to say, say it and let people know who you are with your thoughts and opinion about a matter’.
      Lt. Governor Phil Bryant is and has always been that kind of man’. it’s called….being a person of principle. Just my Opinion, please identify yourself…am sure you are a nice person and I do appreciate the kind words about me. However, it’s apparent you don’t have all the facts of this matter. Blessings, Pat Bruce

  10. hotty toddy permalink
    September 19, 2011 1:41 am

    If Mr Wade can’t be a senator, maybe he could be a coach for the black bears!

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