Dear Mrs. Clark,
The Federal Court in the Northern District of Mississippi issued a show cause order to transfer the case of True the Vote vs. The State of Mississippi. The Court acted on its own motion.
"The Federal Court has indicated the case against the State of Mississippi was ill conceived, incoherent, misguided, poorly drafted, filed in the wrong court and probably politically motivated. We are hopeful the State of Mississippi, and its taxpayers who are footing the bill, will quickly be dismissed from this litigation," says Secretary of State Delbert Hosemann.
The Order issued by U.S. District Court Judge Michael Mills indicates the following:
1. The Court states, "plaintiffs' vote dilution claim fails to assert a coherent theory of liability against either of the two defendants in this case." The Court further states there are no facts detailing double voting, but only "vague and conclusory terms.
2. The Court states, "there is very serious doubt as to whether any of the Northern District plaintiffs alleging vote dilution claims have any realistic possibility of obtaining any relief in this case, and it appears that they may have been added simply to assist in the manufacture of an argument that venue properly lies in this District.
3. The Complaint was drafted "to give the impression involves Northern District issues when, particularly in light of recent Fifth Circuit precedent discussed below, it actually does not." The Court says the "drafter of the complaint" (True the Vote) frequently seems unaware of the precise nature of the allegations of particular plaintiffs, at times making vague allegations "upon information and belief.
4. The Court cites the Fifth Circuit Court of Appeals stating that the National Voter Registration Act pertains to records "actually in the custody of by the State" and not to photocopying charges of voting records maintained in the counties.