So the fat lady has sung for Williams

Aside from the bruhaha that has erupted in the NOLA blogosphere in response the mailer that went out at the end of last week blasting Cheryl Gray, the Williams camp has been trucking along with the election challenge in the Senate District 5 race. Last Friday the Fourth Circuit ruled 6-5 to affirm the trial court's decision of no cause of action. Yes, only 11 opinions, as Chief Judge Armstrong had to excuse herself due to ties to the Williams family. Judge Tobias, who agreed to affirm, wrote something interesting:

I find that the plaintiff's petition states a cause of action. Ergo, the trial court was in error granting the peremptory exception of no cause of action. Given the time constraints for election contests set forth in La. R.S. 18:1409, the plaintiff/appellant was obligated to proffer the evidence that he would have presented at the trial of the merits of his case. When the trial court refused to allow the plaintiff/appellant to proffer the evidence, something the trial court was required by La. C.C.P. art. 1636 to do, the trial court again erred as a matter of law.

Basically, Judge Tobias cited that the trial court was wrong in it's decision, yet upheld the result because he alleged that Williams should have sought a writ of mandamus. The failure to do so caused Williams to lose the suit in this Fourth Circuit judge's opinion.

Of further interest is the opinion of Judge Lombard, who concurred with the majority opinion, but offered:

I am, however, disturbed by the allegation of a voter canvass conducted by the Secretary of State on election day. Such activities, if true, have a chilling effect on the voter, discouraging and often denying a citizen's constitutional right to vote.

Although ruling simply on the proceedings of the trial court, both judges displayed obvious doubt. And appeared to be perturbed by the allegations.

Judge Murray wrote a lengthy dissent, of note:

I believe the irregularities alleged by the petitioner herein are sufficiently serious to potentially affect the outcome of the election. Therefore, the trial court erred by dismissing the petition on the basis of the exception of no cause of action. Whether the petitioner is able to prove his allegations remains to be seen, as he was precluded from putting on any evidence in the trial court.

Judge Cannizzaro agreed with the above, but also dissented Judge Tobias's opinon, In conclusion, he wrote

I recognize a need for swift justice in cases involving elections. Notwithstanding, the overriding concern should be to ensure that the will of the electorate is constitutionally protected.

I think that about sums it up. Sure, you can claim that Williams is a whiner and should just suck it up. One blogger even alleged that he should simply support Cheryl Gray (see the comments). Unfortunately, it's not that simple. You're going to tell me that when you miss the run off by 50 votes and a candidate that was placed in the race to draw votes away from you, who was left on the ballot without notice to the voters after his withdrawal received approximately 1500 votes, you wouldn't contest that? I know the blogosphere holds a hollier-than-thou attitude, but seriously. That's 10% of the votes. When notices were posted for candidates' withdraw from different races, that withdrew closer to election time than Andrew Gressett (forgive me, I cannot recall the notices I saw at this time). Its sort of odd, don't you think?

Due to some confusion involving all parties, the paperwork to the Supreme Court was denied by a mere matter of minutes. Then the appeal of that was shot down 2-5. So the judicial system has served us all well again. Instead of simply taking the trial, Judge Medley at the CDC invoked the bureaucracy of the system to shut the case down. Williams was never able to present his evidence. 1500 votes were thrown out. The Clerk of Court doesn't see a problem with that, nor does the majority of the courts.

I know it was a tough case based on the sensitive nature, but politics never ceases to amaze.

the fat lady has not sung.

No one has really been talking about it, but David Williams has filed suit in CDC calling for a new election in the Senate District 5 primary election. Many people told of irregularities at the polls (our very own ALTR was told she could not vote, her name wasn't on the list until she pointed it out to them), but the biggest issue in this situation is that the Republican candidate Andrew Gressett withdrew a month prior to the election. His name was still on the ballot (as the only Republican candidate, mind you) and there was no notice posted at any of the precincts to indicate that he was no longer in the race. Come to find out, he received 1500 votes.

WGNO was at the CDC Monday covering the judge's ruling - video here, you're going to have to scroll down to 11/05/07 - David Williams Sues.

I love that Arthur Morrell explains:

You know, people are gonna vote for someone who's dropped anyway, it's just the way people are, so. And there was nothing at all to indicate that people would have voted differently.

I really have a hard time choking this statement down. If people knew the candidate were no longer viable, they would still vote for him or her? I mean, forgetting the fact that the candidate's name was still on the ballot. Isn't Morrell embarrassed that his office can't do it's job properly? I mean, amongst the other defendants named.

Two more words: secret ballot. Seriously.

We called it back in September after Gressett filed, this would be a problem for Williams. But who knew that after Gressett withdrew the government would fail to be competent? Wait, I guess everyone knew that. We just didn't know it would cost Williams the election.

EDIT: Some Came Running had some thoughts on the suit prior to trial.

I also wanted to note that the appeal is in the 4th circuit, where Williams was once a judge.

Senate District 5 Forum

About a week late, but ALTL and ALTR attended the Senate District Forum over at the Green Charter Middle School last Tuesday. More established bloggers, the likes of Adrastros and Some Came Running have already posted their reviews. I can't really elaborate, but, again, here are a couple of noteworthy tidbits:

• ALTR couldn't get over the fact that Irma Dixon thinks she invented the internet. Who does she think she is, Al Gore?
  
• Jalila Jefferson-Bullock is a speed talker. I mean, seriously, I had a hard time following most of what she said. But we were all sure to catch her saying she is so glad her child behaved himself.
  
• Dude, Cheryl Gray is hot! And not married. Or at least she doesn't wear a ring. Hmmm.
  
• David Williams is not a career politician.
  

I have to agree with the bloggers above that David Williams stood out and may be the best candidate for the job. However, maybe it's just my 'hood and commute to work, but I don't think that Jalila Jefferson-Bullock is winning the yard sign war. I see David Williams signs everywhere. The election on Saturday could prove interesting, as the votes might be split evenly between Gray and Jefferson, and to a lesser extent Dixon versus Williams. I just don't see a clear win the first time around, making what will probably be a Gray vs. Williams run off an intense and tight race. It's unlikely the Jefferson political machine will prevail. Gray is winning the endorsement battle, with support from the Alliance for Good Government and the much-coveted Times-Pic backing (amongst others). Gray is sharing the Gambit endorsement with Williams, who can also boast LABI, the Republicans of New Orleans (whatever their organization name really is) as well as local Democrat groups.

Saturday night will be an exciting one.

Local Politicking

As promised, we visit the issue of the Senate District 5. It was common knowledge that Irma Dixon (once upon a time ran against Congressman Jefferson for his District 2 seat as well as serving as a state rep, former Public Commissioner), Jalila Jefferson-Bullock (debatebly best known as Congressman Jefferson's daughter, currently State Rep. Dist. 91), Cheryl Gray (alleged lesbian lover of Karen Carter, current State Rep. Dist. 98), and David Williams (token white guy, recently converted Democrat, and former Fourth Circguit judge). Then on the final day to file, Andrew Gressett throws his hat into the ring as the lone Republican. The "perennial candidade" as The Gambit so fondly refers to him, ran and subsequently lost as a Democrat to Nancy Marshall (6% of the vote, baby!) for 6th District Assessor. To add fuel to the fire, he and his organization the Property Rights Commission sent out inflammatory mailings on Stacy Head.

Gressett sounds like a shit starter. Before declaring his candidacy, David Williams changed his party affiliation from Republican to Democrat. He was the only white person and the only man running for the coveted Senate District 5 seat. Gressett, who formerly ran as a Democrat, registers as a Republican and files for the same seat. This won't hurt the plight of Dixon, Jefferson-Bullock, and Gray...but one must wonder who planted the seed in Mr. Gressett's mind. And dare we ask, what his compensation will be. It's not unheard of, you know, with a Jefferson involved.

In the House District 98 race, Neil Abramson has recently been the target of the LA GOP with their "Poor Neil" mailings and website. They allege that after Abramson was in a 1998 car accident, he tried to hit up the insurance company, in court, not once, not twice, but three times for a large sum of money. What's the deal, Neil?

oops

The District 5 Senate race is starting to get a little more interesting as two more folks have thrown their hat into the ring. The Jalila Jefferson position will definitely be interesting seeing how all the stuff has been coming down on the Jefferson clan lately.

Interesting, however...

Gray and Dixon join two other Senate hopefuls who have been campaigning for weeks: state Rep. Jalila Jefferson-Bullock and former appeals court judge David Williams. All are Democrats except Williams, a Republican.

C'mon, they're all Dems at this stage of the game...

From Saturday's T-P -- Familiar Faces Join Senate Race