McDaniel sues circuit clerks
Wednesday, August 27, 2014 1:00 PM
Madison County Circuit Clerk Lee Westbrook is one of a number of clerks in the state who have been subpoenaed by Chris McDaniel and asked to provide original voting records.
Westbrook said circuit clerks in the state arrived to work Tuesday to find a subpoena had been faxed after hours.
Subpoenas must be served directly to individuals.
"The subpoena demands that I take specific documents to Jones County and leave them unattended," she said. "Whatever the judge tells me to is exactly what I'm going to do."
According to the subpoena, Westbrook has to deliver the documents to her Jone County counterpart by Friday. Included in the list of demands are:
Original Democrat poll books used in the June 3, 2014, primary race in all precincts
Original Democrat sign-in signature books in the June 3, 2014 primary race in all precincts
Original Republican sign-in signature books in the June 24, 2014, primary race in all precincts
Original envelopes for all absentee ballots in the June 24, 2014, primary race in all precincts
Original applications for all absentee ballots in the June 24, 2014 primary race in all precincts
Original receipts/tags by the electronic voting machines in the June 24, 2014, primary race in all precincts
Original chain of custody for electronic materials in the June 3, 2014, primary race in all precincts
Original poll manager/ precinct manager certificate in the June 24, 2014, primary race in all precincts
Original ballot inventory in the June 24, 2014, primary race in all precincts
Original tally list, county or inventory performed by any election official in the June 24, 2014 primary race in all precincts
Original copy of list of Democrat voters given to poll workers in Republican runoff
All absentee ballots cast in the June 24th runoff
A motion for expedited subpoena was also filed in the 2nd Judicial District of Jones County Circuit Court and a hearing is scheduled for Aug. 28 in front of Judge Hollis McGehee.
McGehee was specially-appointed to hear the election challenge.
Westbrook said she would comply with McGehee's order if he gave one but that it would be burdensome and troublesome.
"At the end of that hearing is exactly what I'm going to do," she said. "If I have to contact a moving company to come get the files, load them, and drive them to Jones County with me behind, I'll do whatever it takes for me to comply."
As circuit clerk and custodian of the records, Westbrook would have to be with the documents at all times because she is responsible for securing them.
"I'm not sure what (dropping them off in Jones County) does with my compliance with state law," she said.
McDaniel is challenging the June 24 republican primary, which he lost to incumbent Sen. Thad Cochran by more than 7,000 votes.
After a lengthy period of threatening to file a lawsuit over the results, McDaniel filed on Aug. 14 in Jones County.
Cochran's attorneys have asked that McGehee dismiss the case.
McGehee has said he is considering a Sept. 15 or 22 trial if warranted.
The general election is set for Nov. 4.