GOP Lawyer: Eaton Election Lawsuit Should Be Dismissed

JACKSON, Miss. (AP) — Lawyers for Republican leaders of the Mississippi House of Representatives say a lawsuit seeking to reinstate a Democratic representative should be dismissed.

In pleadings filed last week, lawyer Michael Wallace wrote that the suit filed by five Smith County voters is flawed. Plaintiffs want Democrat Bo Eaton of Taylorsville restored to the seat that the House voted 67-49 in January to award to Republican Mark Tullos of Raleigh.

Wallace says the Legislature, House Speaker Phillip Gunn and four other Republican members are immune from being sued, that a federal judge lacks jurisdiction over state election disputes not alleged to involve racial discrimination, and that the House correctly followed Mississippi law.

U.S. Magistrate Judge Linda Anderson has ordered evidence-gathering halted until U.S. District Judge Carlton Reeves rules on dismissal.


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