In an almost unprecedented move, Mayor McAdams has removed the election contest filed by Sheriel Perkins to federal court.
McAdams claims that Perkins, by alleging violations of Section 2 of the Voting Rights Act, and of the Help America Vote Act, has raised federal law questions, and therefore federal court is the proper place to try the election contest, instead of state court.
The Notice of Removal can be seen here:
www.thetaxpayerschannel.org/pdfs/perkins-v-mcadams/McAdams-Removal.pdf
Removal to federal court is a step most often taken by out-of-state corporations and local governmental entities, when they do not wish the lawsuit to be tried by a local jury and judge.
However, it would be an extremely rare event for a federal court to hear an election contest of this nature, as it involves the arcane case law and election statutes that are unique to the state of Mississippi, and which are a narrow area of law that is not widely practiced.
McAdams has hired the firm of top drawer firm Butler Snow in Ridgeland to represent her. She ran as an independent for Mayor, but one of her attorneys, Mark Garriga, is a political powerhouse in state-wide Republican politics, serving Governor Barbour as chief of staff and serving current Governor Phil Bryant on his transition team.
McAdams also filed her answer, in which she denied almost all of the allegations of the Perkins complaint. It may be seen here:
www.thetaxpayerschannel.org/pdfs/perkins-v-mcadams/McAdams-Answer.pdf
It will be very interesting to see whether the federal court will hear the case, or simply refer it back to the special judge Samec Richardson, whom the state supreme court had already appointed.
JPH–
John Pittman Hey
Greenwood, MS
