House committee to meet on election challenge after tied vote and straws were drawn
By Bobby Harrison
Daily Journal Jackson Bureau
JACKSON, MS
A special committee formed to hear the election challenge of Republican Mark Tullos of Raleigh, who drew the losing short straw in the tied House District 79 contest, will meet Tuesday.
Tullos filed his challenge with the House of Representatives even before straws were drawn earlier this month to determine the winner between him and incumbent Bo Eaton, D-Taylorsville.
According to the House clerk’s office, Rep. Mark Baker, R-Brandon, chair of the House Judiciary A Committee, will chair the special panel. Other members are Jim Beckett, R-Bruce; Bill Denny, R-Jackson; Linda Coleman, D-Mound Bayou; and Richard Bennett, R-Long Beach.
Both candidates had 4,589 votes, according to official returns from the Nov. 3 general election, in the district that comprises all of Smith County and a portion of Jasper County.
In the event of a tie, state law requires the winner to be determined “by lot, fairly and publicly drawn” and administered by the governor and secretary of state.
But the Constitution gives the House the final say on whom to seat in the event of an election challenge. Tullos has challenged some of the affidavit ballots from the Nov. 3 election.
Nathan Wells, chief of staff for House Speaker Philip Gunn, R-Clinton, said House rules dictate that any election challenge be resolved within 15 days of when the session begins in January, necessitating the need for the special committee to form this week and begin work on gathering the facts as soon as possible.
Wells said the speaker tried to appoint members whom he believes will be fair and who have an understanding of election issues. Under the House rules, one member should come from each of the five U,S. House districts as they were drawn prior to the 2000 redistricting.
When it was pointed out four of the five members of the special committee are Republicans, Wells said, “You have a good group of people who will make a decision based on the facts and nothing else.”
If the House opts to seat Tullos, it would give the Republicans 74 members (or a three-fifths super majority), allowing them to pass revenue bills, such as tax cuts, without any Democratic support if the Republicans all stick together.
The special committee will make a recommendation to the full House. The House will have the option to seat one of the two candidates or conduct a special election.