On April 17, U.S. District Court Judge W. Allen Pepper, of the Northern District of Mississippi, denied a request by the Democratic Party that James Lowe be kept off the Democratic Party primary ballot as a candidate for Mayor of Leland. The primary is set for May 5. The party argued that Lowe should be kept off the Democratic primary ballot because he has recently been a member of the Republican Municipal Executive Committee. However, Judge Pepper said that there is no legal basis for the party’s request, neither in state law, nor in Democratic Party bylaws. The party did hastily pass a Bylaw barring candidates from its primary who have recently served on the committee of a different party, but the rule was passed after the candidate filed. Lowe v Democratic Municipal Executive Committee of the City of Leland, Mississippi, 4:09-cv-35. Thanks to Rick Hasen for this news.
Ballot Access News
Edited By Richard Winger
Pepper is the same judge who, in June 2007, ruled that Mississippi’s mandated open primary is unconstitutional. He went further and also ordered party registration and photo voter ID. In May 2008, the 5th Circuit in New Orleans dismissed the suit on the grounds that the Democrats had not adopted a bylaw for a closed primary. Mississippi Democratic Party v. Barbour
Leland, incidentally, is the former home of Jim Henson and is the birthplace of Kermit the Frog.