Secretary of State Delbert Hosemann today presented an unlawful sample ballot which buries the special US Senate race between Governor Ronnie Musgrove and interim US Senator Roger Wicker. The ballot was approved by Governor Haley Barbour.
Hosemann buried the Musgrove-Wicker race below all local races near the bottom of the ballot.
Hosemann could cite no statue supporting his decision to move the race from the top of the ballot. However, Attorney General Jim Hood did cite election law requiring federal races be placed at the top of the ballot.
"We will win this election no matter where the Secretary of State puts it on the ballot," Tim Phillips, Musgrove for Senate campaign manager said. "But this is about the law and they don’t get to make up their own laws."
The unlawful ballot is expected to cause confusion for voters expecting to find the Musgrove-Wicker race with other federal elections where it belongs. The most prominent election in the state will be one of the hardest races to find on Election Day.
Mississippi election law, code 23-15-367, clearly states federal races, like the Musgrove-Wicker race, belong on the top of the ballot.
http://www.dailykos.com/storyonly/2008/9/9/131445/2949/653/592276