Judge: Lawsuit can advance in Mississippi election dispute

By EMILY WAGSTER PETTUS
Jan. 27, 2017 7:57 PM EST

JACKSON, Miss. (AP) — A federal judge says five voters can move forward with a lawsuit that claims their constitutional rights were violated when Mississippi lawmakers tossed out their ballots in a 2015 election.

U.S. District Judge Carlton Reeves ruled Friday that the federal court lacks jurisdiction to decide the outcome of the state House race between Democrat Bo Eaton and Republican Mark Tullos.

But Reeves says the five voters who filed suit can pursue their claim that their own constitutional guarantee of equal protection was violated.

Eaton sought a sixth term in 2015. The race between him and Tullos went to a tiebreaker that Eaton won in a drawing of straws. But lawmakers tossed out some ballots that local officials originally said were properly cast. That gave Republicans a supermajority in the House.